Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 57382 (KAR)

SMT R NAGASHREE v. M S SUMUKHA

CP/210/2025 · 2025-10-27

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:42670 CP No. 210 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. 210 OF 2025 BETWEEN: SMT. R NAGASHREE W/O M.S.SUMUKHA, D/O R.RAMAMOHAN, AGED ABOUT 29 YEARS, R/AT SHREE NILAYA, S.R.ROAD, CHALLAKERE TOWN, CHITRADURGA DIST - 577 522. …PETITIONER (BY SRI. PRUTHVIRAJ, ADVOCATE FOR SRI. BALAKRISHNA SHASTRY G, ADVOCATE) AND: M.S. SUMUKHA S/O LATE M.V. SHESHACHALAM, AGED ABOUT 31 YEARS, R/AT NO.506, VASAVI TEMPLE ROAD, SARJAPURA, ANEKAL TALUK, BANGALORE URBAN DIST - 562 125. …RESPONDENT (BY SRI. ASHOK PATIL B, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW M.C. NO. 173/2024 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AT ANEKAL, AND TRANSFER THE SAME TO THE PRL. SENIOR CIVIL JUDGE AT CHALLAKERE FOR TRIAL AND DISPOSAL. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42670 CP No. 210 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Pruthviraj, learned counsel appearing on behalf of Sri.G.Balakrishna Shastry G., learned counsel for the petitioner and Sri.Ashok Patil B., learned counsel for the respondent. 2. Petition is filed under Section 24 of CPC with the following prayer: “Wherefore, it is prayed that this Hon’ble court be pleased to- i. Withdraw MC No.173/2024 from the file of the Prl. Senior Civil Judge at Anekal and transfer the same to Prl. Senior Civil Judge at Challakere for trial and disposal. ii. Grant any other order to meet the ends of justice.” 3. Facts in the nutshell which are utmost necessary for disposal of the petition are as under: 3.1. Respondent is the husband of the petitioner. Their marriage got solemnized on 10.12.2021 at - 3 - HC-KAR NC: 2025:KHC:42670 CP No. 210 of 2025 Challakere, Chitradurga District. Couple lived a happy married life for the brief period at Anekal. 3.2. Subsequently, on account of differences that arouse in the matrimonial relationship, wife filed a petition under Section 12, 18 to 22 of Protection of Women from Domestic Violence Act at Court at Challakere; whereas husband has filed a petition for restitution of conjugal rights at Anekal. 3.3. Wife has now sought the transfer of the petition from Anekal to Challakere on the ground that she is unable to travel from Challakere to Anekal for the effective participation in the pending matrimonial case. 4. Learned counsel for the respondent would submit that petitioner is residing in Bengaluru and only to harass the respondent, she has filed the present petition and seeking transfer of the pending matrimonial case to Challakere. - 4 - HC-KAR NC: 2025:KHC:42670 CP No. 210 of 2025 5. Taking note of the fact that videoconference facility is now available; either of the parties can make use of the said facility in effectively participating in the pending proceedings. 6. If the petitioner/wife files an application seeking permission of the Court at Anekal to participate through videoconferencing, learned Trial Judge shall allow the said application and permit the wife to participate effectively in the pending matrimonial proceedings at Anekal. 7. With that liberty, following: ORDER Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 2 Sl No.: 35