Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46647 CP No. 241 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 241 OF 2025 BETWEEN:
ASHWINI B K, W/O. TRIMURTHY, D/O. KRISHNAMURTHY, AGED ABOUT 30 YEARS, RESIDING AT NO. 1017, 3RD FLOOR, 1ST ‘A’ MAIN ROAD, 3RD STAGE, 3RD BLOCK, 3RD PHASE, BANASHANKARI, BENGALURU-560 085. …PETITIONER (BY SRI. LAKSHMAN D., ADVOCATE) AND:
TRIMURTHY H. S., S/O. LATE. SHIVANNA, AGED ABOUT 40 YEARS, RESIDING AT NO. 4, AISHWARYA NILAYA, NAGAPPA LAYOUT, MAKALI, ALUR MAIN ROAD, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 162. …RESPONDENT (BY SRI. ARIKESARI K K., ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER OF PROCEEDINGS FOR RESTITUTION OF CONJUGAL RIGHTS IN M.C. NO. 74/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, BENGALURU RURAL DISTRICT,
Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka
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HC-KAR NC: 2025:KHC:46647 CP No. 241 of 2025
FILED BY RESPONDENT / HUSBAND TO THE PRINCIPAL FAMILY JUDGE, FAMILY COURT AT BENGALURU.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER Heard learned counsel for petitioner and learned counsel for respondent.
2. This petition is filed by the wife under Section 24 of CPC with the following prayer;
"PRAYER THEREFORE, the Petitioner above named prays that his Hon'ble court may be pleased to:-
a) Transfer of proceedings for Restitution of Conjugal Rights in M.C. No. 74/2024 on the file of the Senior Civil Judge and JMFC, Nelamangala, Bengaluru Rural District, filed by Respondent/Husband to the Principal Family Judge, Family Court at Bengaluru.
b) For costs of the above proceedings and such other
order/s as this Hon'ble Court deems fit to grant under the facts and circumstances of the case."
3. Facts in the nutshell, which are utmost necessary for the disposal of the present petition are as under.
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HC-KAR NC: 2025:KHC:46647 CP No. 241 of 2025
4. Respondent has filed the matrimonial case before the Senior Civil Judge and JMFC, Nelamangala, Bengaluru Rural District, under Section 9 of the Hindu Marriage Act, in M.C.No.74/2024.
5. The wife, inturn complains harassment, both physical and mental, and therefore seeks the transfer of the case from Nelamangala court to the Family court, Bengaluru. In support of her allegations, she has placed necessary documents in the form of photographs.
6. Her husband has refuted the allegations made against him and submits that another case for partition is filed at Nelamangala through the daughter by the petitioner and for that case, he has to appear before the Nelamangala court and therefore the present petition is only to harass the respondent.
7. It is further contented that on behalf of petitioner, that there is a possibility of physical assault on her, if she attends the court at Nelamangala.
8. Therefore, for protection of herself and also taking note of the difficulties in attending the court at Nelamangala for
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HC-KAR NC: 2025:KHC:46647 CP No. 241 of 2025
effectively participating in the petition for Conjugal rights filed by the respondent, she is seeking transfer.
9. The said apprehension of the petitioner can be quelled by directing the petitioner to avail the video conferencing facility.
10. If she makes an application before the court at Nelamangala to effectively participate in the matrimonial proceedings through videoconferencing, the court at Nelamangala shall permit her to do so. With that observation, following order. This Civil petition is hereby dismissed.
Sd/- (V SRISHANANDA) JUDGE AKV List No.: 1 Sl No.: 33