Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42846 CP No. 86 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 86 OF 2025 BETWEEN:
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SMT.KABBALAMMA @ MANJULA W/O. SRI. SNAJEEVARAYA AGED ABOUT 33 YEARS R/O. KATHALEPALYA VILLAGE, BIDIDHI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 572 141 …PETITIONER (BY SRI. NIRMALA K., ADVOCATE) AND:
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SRI SANJEEVAPPA S/O. LATE HANUMANTHAPPA AGED ABOUT 49 YEARS R/O. NAGALAPURA VILLAGE, Y.N. HOSAKOTE HOBLI, PAVAGADA TALUK, TUMAKURU - 572 141 …RESPONDENT (BY SRI. GANAPATHI S. SHASTRI, ADVOCATE)
THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO CALL FOR THE RECORDS AND TRANSFER THE PETITION BEARING MC NO.91/2024 DATED 5.11.2024 FILED UNDER SECTION 13(1) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:42846 CP No. 86 of 2025 (I-A) (I-B) OF HINDU MARRIAGE ACT FOR DIVORCE PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, PAVAGADA, TUMKURU TO THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, RAMANAGARA FOR ADJUDICATION AND GRANT SUCH OTHER RELIEF 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 Smt. Nirmala, learned counsel for the petitioner and Sri. Shastri Ganapati Shripad, learned counsel for the respondent.
2. Present Civil Petition is filed under Section 24 of the Code of Civil Procedure with the following prayer :
" WHEREFORE, the petitioner most humbly prays that this Hon'ble Court may be pleased to call for the records and transfer the petition bearing MC No; 91/2024 dated 05/11/2024 filed U/sec 13(1)(i-a)(i-b) of Hindu Marriage Act for divorce pending on the file of Senior Civil Judge and JMFC, Pavagada, Tumkuru to the learned ADDL. CIVIL JUDGE AND JMFC; RAMANAGARA for adjudication and grant such other relief in the interest of justice and equity."
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HC-KAR NC: 2025:KHC:42846 CP No. 86 of 2025
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Facts in the nutshell which are utmost necessary for disposal of the present petitioner as under: 3.1 Respondent is the husband of the petitioner. Their marriage took place on 22.09.2008 at Shirdi Sai Kalyana Mantapa, Kanakapura. 3.2 Matrimonial relationship between the parties strained. As a result, a divorce petition came to be filed in MC No.91/2024 by the husband on the file of Civil Judge (Senior Division) and JMFC, Pavagada. 3.3 Earlier to that, a petition under Section 9 of the Hindu Marriage Act came to be filed for restitution of conjugal rights and since there was no co-habitation after the decree, now the divorce petition is filed by the petitioner.
4. Petitioner is seeking transfer of the said case to Court at Ramanagara on the ground that she is having financial difficulty to attend the Court at Pavagada and three children are born in the wedlock and she is unable to
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HC-KAR NC: 2025:KHC:42846 CP No. 86 of 2025 visit the Court at Pavagada on every date of hearing and thus sought for transfer.
5. Counsel for the respondent opposes the prayer for transfer.
6. Having heard the arguments of both sides, this court perused the matter on record meticulously.
7. The difficulty expressed by the wife in attending the Court at Pavagada is the financial difficulty and proceeding to Pavagada on every date of Hearing with her three children from Ramnagar for effectively opposing the divorce petition.
8. Such a difficulty can be quelled by directing the petitioner to participate effectively in the pending divorce petition by utilising the video conferencing facility.
9. Smt. Nirmala would contend that network is not properly available in the place where the petitioner/wife is residing. Even such a difficulty can be quelled by directing
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HC-KAR NC: 2025:KHC:42846 CP No. 86 of 2025 the petitioner to take assistance of the 'e-seva kendra' established in Ramanagara court complex wherein the facility of videoconferencing is free of cost and with all necessary infrastructure and the assistance from the software technician.
10. If the petitioner makes such a request before the court at Pavagada by filing an application, the learned trial Judge at Pavagada shall permit the petitioner to participate through video conferencing and dispose of the case in accordance with law.
11. With that observation, following order :
ORDER Civil Petition stands dismissed. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 3 CT-SG