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2025 DAILYLAW 51471 (KAR)

SMT.SHWETA BHAT v. SRI.VIJAY SATISH GANACHARI

CP/462/2024 · 2025-12-02

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50280 CP No. 462 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 462 OF 2024 BETWEEN: 1. SMT.SHWETA BHAT W/O VIJAY SATISH GANGACHARI D/O SHANTAVEEAPPA SHINDHE BAHT AGED ABOUT 30 YEARS R/F WARD NO.5 BAGWAN PETE GULEDGUDDA BAGALKOT DISTRICT KARNATAKA - 587 203 &PETITIONER (BY SRI. V B SIDDARAMAIAH, ADVOCATE) AND: 1. SRI.VIJAY SATISH GANACHARI S/O LATE SATISH RAMANNA GANGACHARI AGED ABOUT 39 YEARS R/AT NO.C-303 LAKSHMIDEVI ENCLAVE 1ST C MAIN ROAD L D BLOCK, GANGANAGAR R T NAGAR BANGALORE - 560 032 &RESPONDENT (BY SRI. SUBRAMANYA H.V., ADVOCATE) THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW THE CASE BEARING M.C.NO. IN NO.4902/2024 FILED BY THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50280 CP No. 462 of 2024 RESPONDENT UNDER SECTION 13(1)(i-a)(i-b) OF HINDU MARRIAGE ACT, FILE FOR DISSOLUTION FOR MARRIAGE PENDING ON THE FILE OF THE COURT OF I ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU, TO THE COURT OF THE FAMILY COURT, AT BAGALKOTE, IN THE INTEREST OF JUSTICE AND EQUITY. 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. V.B. Siddaramaiah, learned counsel for the petitioner and Sri. Bharath for Sri. Subramanya H.V., learned counsel for the respondent. 2. The present petition is filed by the petitioner/wife under Section 24 of the Code of Civil Procedure with the following prayer: "WHEREFORE, it is prayed that this Hon'ble Court may be pleased to withdraw the case bearing MC No. in No.4902/2024, filed by the respondent under Section 13(1)(i-a)(i-b) of Hindu Marriage Act, filed for dissolution for marriage, pending on the file of the Court of I Addl. Principal Judge, Family Court at Bengaluru, to the court of the Family court, at Bagalkote, in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:50280 CP No. 462 of 2024 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 4.1 On account of strained matrimonial relationship between the petitioner and respondent, a petition came to be filed before the Trial Court for the divorce by the respondent in M.C. No.4902/2024 on the file of Family Court, Bangalore. 4. Wife is now seeking transfer of the matrimonial case from Principal Judge, Family Court, Bangalore to Bagalakote as the petitioner/wife is the resident of Guledagudda and on account of geographical distance and financial incapacity. 5. Same is opposed by the respondent/husband. 6. Having heard the arguments of both sides, it is noted that geographical distance and financial incapacity are no longer valid grounds to transfer the proceedings - 4 - HC-KAR NC: 2025:KHC:50280 CP No. 462 of 2024 from one Court to another Court in view of the video conferencing facility. 7. Thus, request of the petitioner cannot be granted. 8. However, if the petitioner intends to participate in the proceedings before the Family Court effectively through video conferencing, she may file an application before the Family Court and said application needs to be allowed and petitioner be permitted to appear through video conferencing. 9. With that direction, following Order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC ct:SG List No.: 1 Sl No.: 28