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2025 DAILYLAW 67288 (KAR)

SHRI SUDHIR KUMAR SHETTY v. SMT AKSHATHA KUMARI

CP/193/2025 · 2025-11-10

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46371 CP No. 193 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 193 OF 2025 BETWEEN: 1. SHRI SUDHIR KUMAR SHETTY AGED 37 YEARS SON OF SRI. MANJU N SHETTY RESIDING AT NO. 181, AKSHAY COLONY, 4TH PHASE BEHIND CHETHAN COLLEGE SHIRURU PARK ROAD, VIDYANAGAR HUBLI DHARWAD - 580 021 …PETITIONER (BY MS. LAVANYA, ADVOCATE FOR SRI. PALLAVA R., ADVOCATE) AND: 1. SMT AKSHATHA KUMARI AGED ABOUT 30 YEARS WIFE OF SRI. SUDHIR KUMAR SHETTY RESIDING AT NO. 20, 1ST FLOOR 5TH CROSS, MATHRU LAYOUT YELAHANKA NEW TOWN BENGALURU - 560 064 …RESPONDENT (BY SRI. THAMMI REDDY V.,ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46371 CP No. 193 of 2025 MC.NO.5283/2024 ON THE FILE OF II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND TRANSFER THE SAME TO COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, HUBLI DHARWAD TO TRY AND DISPOSE THE SAME IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Smt. Lavanya for Sri. Pallava R., learned counsel for the petitioner and Sri. Thammi Reddy V., learned counsel for the respondent. 2. Present petition is filed by the husband against his wife under Section 24 of the Code of Civil Procedure with the following prayer: "WHEREFORE, it is prayed that this Hon'ble Court be pleased to withdraw M.C.No.5283/2024 on the file of II Addl. Principal Judge, Family Court, Bengaluru and transfer the same to Court of the Principal Judge, Family Court, Hubli Dharwad to try and dispose the same in accordance with law in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:46371 CP No. 193 of 2025 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 3.1 Wife has filed a petition for divorce on the file of Family Court, Bangalore whereas husband is residing in Hubli and seeks transfer of the said divorce petition in M.C. No.5283/2024 to Family Court at Hubli on the ground that there was a physical assault on the petitioner by the respondent and her family members resulting in head injury and from the date of injury, the husband has become psychic and therefore he seeks transfer of petition. 4. Counsel for the respondent refuse the allegations made by the petitioner. 5. Taking note of the above aspects, this Court is of the considered opinion if the husband is directed to appear before the Family Court at Bangalore through video - 4 - HC-KAR NC: 2025:KHC:46371 CP No. 193 of 2025 conferencing, all apprehensions of the petitioner can be quelled. 6. If the petitioner files an application before the Family Court at Bangalore, learned Trial Judge shall permit the petitioner to appear through video conferencing. 7. With that observation, following the order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 31 CT-SG