Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 70248 (KAR)

DR SOUJANYA L K @ DHANALAKSHMI v. DR HARSHITH G N

CP/395/2025 · 2025-11-26

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49761 CP No. 395 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 395 OF 2025 BETWEEN: 1. DR SOUJANYA L K @ DHANALAKSHMI W/O. DR. HARSHITH, AGED ABOUT 33 YEARS, R/AT NO. 28, WARD NO. 27, 3RD CROSS, VIVEKANANDANAGARA, RAMANAGARA TOWN AND DISTRICT-562 159. …PETITIONER (BY SRI. NARAYAN MAYYAR, ADVOCATE FOR SRI. S.R. HEGDE HUDLAMANE, ADVOCATE) AND: 1. DR. HARSHITH G.N. S/O. NANJUNDAPPA, AGED ABOUT 33 YEARS, R/AT WARD NO. 3, 4TH CROSS, SHAKTHINAGARA, TURUVEKERE TOWN, TUMUKURU DISTRICT - 572 227. …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO TRANSFER MC NO.55/2025 IN THE FILE OF SENIOR CIVIL JUDGE AND JMFC, TURUVEKERE, TO THE COURT OF SENIOR CIVIL JUDGE AT RAMANAGARA AND SUBSEQUENTLY KINDLY PASS AN Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49761 CP No. 395 of 2025 APPROPRIATE ORDER DIRECTING THAT THE PRESENT MC NO.55/2025 TO BE HEARD AND DECIDE ON MERITS AT RAMANAGARA TO SECURE THE ENDS 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. Narayan Mayyar… learned counsel for the petitioner. This Court did not deem it fit to issue notice to the respondent having regard to the issue to be decided. 2. Present petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: "Wherefore, the Petitioner prays that this Hon'ble Court may kindly secure the records: a. This Hon'ble Court may after hearing kindly transfer M.C.No.55/2025 in the file of Senior Civil judge, JMFC, Turuvekere to the Court of Senior Civil Judge at Ramanagara and subsequently kindly pass an appropriate order directing that the present M.C.No.55/2025 to be - 3 - HC-KAR NC: 2025:KHC:49761 CP No. 395 of 2025 heard and decide on merits at Ramanagara to secure the ends of justice and equity. " 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 4.1 On account of strained relationship between the parties, respondent/husband has filed a matrimonial case for divorce before the Senior Civil Judge, Turuvekere for dissolution of the marriage. 4.2 Whereas the petitioner/wife has filed the present petition under Section 12 of the Protection of Women from Domestic Violence Act, on the file of Civil Judge and JMFC, Ramanagara. 4. Petitioner/wife is now seeking transfer of matrimonial proceedings to Ramanagara as she is unable to travel to Turuvekere for effectively participate in the divorce proceedings on account of geographical distance. - 4 - HC-KAR NC: 2025:KHC:49761 CP No. 395 of 2025 5. Having heard the arguments of learned counsel for the petitioner, it is noted that geographical distance and financial constraints are no longer good parameters for the transfer of the petition from one Court to another in view of the video conferencing facility. 6. If the petitioner files a necessary application before the Court at Turuvekere, learned Trial Judge shall allow the said application and permit the petitioner to effectively participate through video conferencing. 7. With that observations, the following Order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC ct:SG List No.: 1 Sl No.: 35