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2025 DAILYLAW 55688 (KAR)

SMT SANGEETHA K J v. SRI SHRIDHAR H R

CP/144/2025 · 2025-10-27

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42847 CP No. 144 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. 144 OF 2025 BETWEEN: 1. SMT SANGEETHA K J W/O SRIDHAR H R, AGED ABOUT 27 YEARS, D/O JAGANATH K J PRESENTLY R/AT NO.410, 3RD FLOOR, ROYAL LAKE FRONT LAYOUT, OPERA TRANQUIL EARTH BUILDING BEHIND TAMARIND TREE RESORT, J P NAGAR 9TH PHASE, ANJANAPURA POST BENGALURU - 560 062 …PETITIONER (BY SRI. KRISHNA S. VYAS, ADVOCATE) AND: 1. SRI SHRIDHAR H R S/O RAJASHEKAR G N AGED ABOUT 30 YEARS, OCCU. OWN BUSINESS, R/AT I FLOOR, SRINIVAS COMPLEX TEJUR ROAD HEMAVATHI NAGAR HASSAN - 573 201 …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42847 CP No. 144 of 2025 THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW MEMORANDUM OF PROCEEDINGS BEARING MC NO.49/2025 WHICH IS PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, AT HASSAN, AND TRANSFER THE SAME TO THE HONBLE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU CITY, 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. Krishna S. Vyas, learned counsel for the petitioner. None appears for the respondent though served with the notice. 2. Sri. Gadlingappa G.M. is permitted to retire as Sri. Krishna S Vyas has filed the power with no objection from previous counsel. 3. Present Civil Petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: - 3 - HC-KAR NC: 2025:KHC:42847 CP No. 144 of 2025 "WHEREFORE it is humbly prayed that this Hon'ble Court may kindly permit me to withdraw Memorandum of proceedings bearing M.C. No.49/2025 which is pending before the Principal Judge, Family Court at Hassan, and transfer the same to the Hon'ble Principal Judge, Family Court at Bengaluru City, in the interest of justice and equity." 4. Facts in the nutshell which are utmost necessary for disposal of the present petitioner as under : 4.1 Respondent is the husband of the petitioner. Their marriage took place on 04.04.2024 as per the Hindu Rites and Customs at Shubhodaya Kalyana Mantapa, Hassan. 4.2 Since the matrimonial relationship is strained between the parties, a criminal miscellaneous petition under Section 12 of the Domestic Violence Act on the file of On the file of Judicial Magistrate First Class (Traffic Court-V) at Bangalore. Same is pending consideration. - 4 - HC-KAR NC: 2025:KHC:42847 CP No. 144 of 2025 5. In the meantime the respondent/husband has filed a petition for restitution of conjugal rights in M.C. No.49/2025 on the file of Family Court, Hassan. 6. Said case is now sought to be transferred to Bangalore for disposal in accordance with law. 7. Since there is a dispute as to the matrimonial relationship and protection order is sought for before the jurisdictional Magistrate under Section 12 of the Domestic Violence Act and especially under Section 9 of the Hindu Marriage Act is filed by the husband, petitioner may utilize the opportunity of video conferencing and appear before the Court at Hassan and if she is willing, she may join the husband. 8. At any rate, the prayer for transfer cannot be countenanced in view of the fact that the husband is willing to take back the wife. 9. Further, if the petitioner files an application before the Family Court at Hassan seeking permission to - 5 - HC-KAR NC: 2025:KHC:42847 CP No. 144 of 2025 participate through video conference, the learned Trial Judge shall allow the said application and permit the petitioner to appear through video conferencing. 10. With that observation and following order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC CT:SG List No.: 1 Sl No.: 5