Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 68195 (KAR)

SMT POOJA S G v. SRI VINAY KUMAR B

CP/386/2025 · 2025-12-04

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:51530 CP No. 386 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 386 OF 2025 BETWEEN: 1. SMT POOJA S G W/O VINAY KUMAR D/O GANGADHARAIAH, AGED ABOUT 30 YEARS, R/O BYRESHWARA NILAYA, 2ND CROSS, VISHWANNA LAYOUT, SHANTINAGAR, TUMAKURU DISTRICT - 572 102. …PETITIONER (BY SRI. VIDYASAGAR H.V., ADVOCATE FOR SRI. KEMPARAJU, ADVOCATE) AND: 1. SRI VINAY KUMAR B. S/O K BORALINGAIAH, AGED ABOUT 35 YEARS, RESIDING AT NO. 500, 2ND FLOOR, OPP. DR. AMBEDKAR COLLEGE, KENGUNTE, 80 FEET ROAD, MALLATHAHALLI, BENGALURU - 560 056. …RESPONDENT THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO CALL FOR RECORDS IN M.C. NO. 2939/2025 PENDING ON THE FILE OF Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51530 CP No. 386 of 2025 THE HONBLE 2ND ADDITIONAL PRL. JUDGE, FAMILY COURT AT BENGALURU AND TRANSFER THE ABOVE CASE FROM HONBLE 2ND ADDITIONAL PRL. JUDGE FAMILY COURT BENGALURU TO HONBLE PRINCIPAL JUDGE, FAMILY COURT AT TUMKURU AND GRANT SUCH OTHER RELIEF AS THIS HONBLE COURT DEEMS FIT AND PROPER, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, 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. Vidyasagar H.V., representing Sri. Kemparaju, learned counsel for the petitioner. This Court did not deem it fit to issue notice to the respondent. 2. Present Petitioner is filed by the wife under Section 24 of the Code of Civil Procedure against her husband with the following prayer: "Wherefore, it is prays that, this Hon'ble court may be pleased to call for the records in M.C. No.2939/2025 pending on the file in the Hon'ble 2nd Addl PRL. Judge, Family Court at Bengaluru and transfer the above case - 3 - HC-KAR NC: 2025:KHC:51530 CP No. 386 of 2025 from Hon'ble 2nd Addl PRL. Family court Judge at Bengaluru to Hon'ble Principal Judge, Family court at Tumakuru and grant such other relief as this Hon'ble court deems fit and proper, under the facts and circumstances of the case, in the interest of justice and equity." 3. Facts in brief which are not utmost necessary for the disposal of the present petition are as under: 3.1 The matrimonial relationship between the parties strained. As such husband has filed a petition for divorce on the file of the II Addl. Principal Judge, Family Court at Bengaluru, in M.C. No.2939/2025. 3.2 The wife/petitioner has filed a petition in M.C.No.383/2023 for restitution of conjugal rights at Tumkur. 3.3 Wife is seeking the transfer of the said case from Bangalore to Tumkur as she is residing in Tumakuru and on account of the geographical distance and financial incapacity. She also contended that she cannot attend the - 4 - HC-KAR NC: 2025:KHC:51530 CP No. 386 of 2025 Court at Bangalore and effectively participate in the matrimonial proceedings. 4. This Court has noted the fact that geographical distance and financial incapacity are no longer valid parameters for transfer of pending case from Bangalore to Tumkur in view of the video conferencing facility. 5. If the wife files an application before the Family Court at Bangalore seeking permission to appear through video conferencing and effectively participate in the matrimonial case at Bangalore, learned Trial Judge in Bangalore Court shall permit the wife to do so. 6. With that direction, the following Order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC ct:SG List No.: 1 Sl No.: 31