SMT SUMA M K @ LAKSHMI M K v. SRI NAVEEN KUMAR C S
CP/376/2025 · 2025-11-24
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51334 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51334 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48733 CP No. 376 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. 376 OF 2025 BETWEEN:
1.
SMT SUMA M K @ LAKSHMI M K W/O. SRI. NAVEEN KUMAR C.S.
D/O. SRI. KANTHARAJU AGED ABOUT 38 YEARS, RESIDING AT MUTTEGERE VILLAGE, HOSARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 416 &PETITIONER (BY SRI. DINAKAR M.P., ADVOCATE) AND:
1.
SRI. NAVEEN KUMAR C.S.
S/O. SRI.C.M. SHAMAIAH AGED ABOUT 42 YEARS, RESIDING AT NOK.2CV-4346 OMD LAYOUT, BHUVANAGIR, CHIKKABANASAVADI, BENGALURU - 560 042 &RESPONDENT
THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE M.C.NO.104/2021 PENDING ON THE FILE OF THE PRINCIPAL FAMILY COURT, BENGALURU AND TRANSFER THE SAME TO THE HONBLE SENIOR CIVIL JUDGE Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:48733 CP No. 376 of 2025 AND JMFC, AT MANDYA UNDER THE
FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER
1. Heard Sri. Dinakar M.P., learned counsel for the petitioner. This Court did not deem it fit to issue notice to the respondent.
2. Present petition is filed by the wife, under Section 24 of the Code of Civil Procedure with the following prayer:
""Wherefore, the petitioner respectfully prays that this Hon'ble court may be pleased to : Withdraw the MC No.104/2021 pending on the file of the Principal Family Court, Bengaluru and transfer the same to the Hon'ble Senior Civil Judge and JMFC at Mandya under the facts and circumstances of the case:
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HC-KAR NC: 2025:KHC:48733 CP No. 376 of 2025
3.
Facts in the nutshell which are utmost necessary for disposal of the present petition are as under; 3.1 Respondent has been filed a petition for divorce on the file of Family Court, Bangalore in MC No.104/2021. Respondent is resident of Muddegare Village, Basralu Hobli, Mandya District. She expresses her inability to effectively participate in the pending matrimonial case at Bangalore, as she has already approached the jurisdictional magistrate for awarding maintenance under Section 125 of the Code of Criminal Procedure at Mandya.
4. She also expresses that geographical distance is a difficulty for her to effectively participate in the matrimonial proceedings at Bangalore. Hence she sought for transfer.
5. It is now settled principle that, geographical distance and financial incapacity are no longer valid
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HC-KAR NC: 2025:KHC:48733 CP No. 376 of 2025 parameters to transfer a pending case from one Court to another Court in the video conferencing facility.
6. If the petitioner files an application before the Family Court at Bangalore seeking permission to appear through video conference and effectively participate in pending MC No.104/2021, learned Judge in the Family Court, Bangalore shall permit the petitioner to do so.
7. With that direction, the following order:
ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 23 CT-SG