Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48741 CP No. 217 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 217 OF 2025 BETWEEN:
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SMT. SUMITHA D. KEMBHAVI W/O DEEPAK KEMBHAVI D/O SHIVAPUTRAPPA AGED ABOUT 30 YEARS HOUSE NO.48, 1ST MAIN ROAD DOLLARS COLONY GOKUL ROAD, HUBBALI DHARWAD DISTRICT - 580 030 PRESENTLY R/AT NO.123/1 MOCHI OANI BHAGYANAGARA TALUK KOPPAL DISTIRCT - 583 231 &PETITIONER (BY SRI. JEEVAN K., ADVOCATE) AND:
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SRI DEEPAK KEMBHAVI S/O DAYANAND AGED ABOUT 34 YEARS R/AT NO.G005 SURVITH SADAN APARTMENTS DODABELE ROAD NEAR KENGERI METRO STATION BENGALURU - 560 060 &RESPONDENT (BY SRI. SHARATH P.H., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:48741 CP No. 217 of 2025
THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE CASE IN M.C. NO. 1478/2025 WHICH WAS PENDING BEFORE THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO THE PRINCIPAL JUDGE, FAMILY COURT, KOPPAL HAVING JURISDICTION TO TRY THE MATTER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER
1. Parties are present before the Court. There is no possibility of amicable settlement. Hence, matter is taken up on merits.
2. Heard Sri. Jeevan K., learned counsel for the petitioner and Sri. Sharath P.H., learned counsel for the respondent.
3. Present Petition is filed under Section 24 of the Code of Civil Procedure the following prayer:
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HC-KAR NC: 2025:KHC:48741 CP No. 217 of 2025
"Transfer the M.C. No.1478/2025 which was pending before the V Addl. Principal Judge, Family Court at Bengaluru to the Principal Judge Family Judge Koppal having jurisdiction to try the matter.
4. On account of strained matrimonial relationship, respondent herein has filed petition before the V Additional Family Court, Bangalore in MC No.1478/2025 for dissolution of the marriage.
5. Wife is seeking transfer of the said case to Court at Koppal on the ground of geographical distance and financial incapacity.
6. Wife has also filed a miscellaneous petition under Section 144 of Bharatiya Nyaya Suraksha Sanhita for maintenance.
7. The grounds of transfer is opposed by the husband.
8. Having heard the arguments of both sides, this Court perused the material on record meticulously.
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HC-KAR NC: 2025:KHC:48741 CP No. 217 of 2025
9. On such perusal of material on record, it is noted that the geographical distance and financial incapacity are no longer valid parameters for transferring a case from one Court to another Court in view of the video conferencing facmilty.
10. If the petitioner/wife files an application before the Family Court at Bangalore seeking permission to appear through video conferencing and effectively participate in the pending matrimonial case, same shall be allowed by the learned Trial Judge in the Family Court, Bangalore.
11. With that direction, following Order :
ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC ct:SG List No.: 1 Sl No.: 21