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2025 DAILYLAW 68486 (KAR)

LAKSHMI T S @ HEMASHREE v. NAVEEN B R

CP/195/2025 · 2025-10-25

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42380 CP No. 195 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 195 OF 2025 BETWEEN: LAKSHMI T.S @ HEMASHREE W/O NAVEEN B.R, D/O SRINIVAS, AGED ABOUT 26 YEARS, BEHIND GOVERNMENT HOSPITAL, 2ND CROSS, VIDYA NAGAR, TIPATURU - 572 201, TUMAKURU DISTRICT. …PETITIONER (BY SRI. GANAPATI s. SHASTRI, ADVOCATE) AND: NAVEEN B.R S/O RANGASWAMY, AGED ABOUT 28 YEARS, S/O SREE RANGADAMA, 5TH CROSS, SHIVAMUKAMBIKA NAGAR, TUMAKURU - 572 101. …RESPONDENT (VIDE ORDER DATED 13.10.2025, SRI. DEVARAJU, ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO CALL FOR THE RECORDS AND TRANSFER THE PETITION IN M.C.NO.382/2024 DATED 15.11.2024 FILED UNDER SECTION 9 OF HINDU MARRIAGE ACT, 1955 FOR SEEKING RESTITUTION OF CONJUGAL RIGHT PENDING ON THE FILE OF THE LEARNED IST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU TO THE LEARNED SENIOR CIVIL JUDGE AND JMFC, TIPTURU FOR ADJUDICATION AND GRANT SUCH OTHER RELIEF IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42380 CP No. 195 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Ganapathi S. Shastri, learned counsel for the petitioner. Respondent is represented by Sri.Devaraja, learned counsel in the Trial Court but despite service of petition on him, he failed to appear before this Court. 2. Petition is filed under Section 24 of CPC with the following prayer: “Wherefore, it is respectfully prayed that this Hon’ble Court be pleased to call for the records and transfer the petition in MC No.382/2024 dated 15-11-2024 filed under Section 9 of Hindu Marriage Act, 1955 for seeking restitution of conjugal right pending on the file of learned 1st Addl. Prl. Judge, Family Court, Tumakuru to the learned Senior Civil Judge, Tipturu for adjudication and grant such other relief in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:42380 CP No. 195 of 2025 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 3.1. Respondent/husband filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of the conjugal rights with the petitioner who is the wife of the respondent. Said petition is numbered as MC No.382/2024 and pending on the file of Family Court, Tumakuru. 3.2. Respondent said to be residing in Tipturu and wants the transfer of the said case to Tipturu. Distance between Tumakuru and Tipturu is not so high so as to consider the request of the petitioner. 4. Moreover, having regard to the videoconferencing facility, petitioner-wife can appear through video conference and successfully and effectively participate in the matrimonial case in MC No.382/2024. - 4 - HC-KAR NC: 2025:KHC:42380 CP No. 195 of 2025 5. Reserving such liberty for the petitioner and with an direction that if such an application is filed by the wife, learned trial judge shall consider the same and allow the petitioner to appear through videoconferencing, following: ORDER Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 28 CT: BHK