Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 72422 (KAR)

MRS. SANJANA B MOHAN v. MR. SHANTHARAJU S

CP/186/2025 · 2025-12-02

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50271 CP No. 186 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 186 OF 2025 BETWEEN: 1. MRS. SANJANA B MOHAN D/O MOHAN KUMAR B N, W/O SHANTHARAJU S, AGED ABOUT 29 YEARS, PRESENTLY R/AT NO. 80 6TH MAIN ROAD, JAYALAKSHMIPURAM, MYSURU - 570 012. …PETITIONER (BY SRI. SHREYAS S., ADVOCATE FOR SRI. MILASH ARROL NORONHA, ADVOCATE) AND: 1. MR. SHANTHARAJU S S/O LATE SHANTHARAJU, AGED ABOUT 36 YEARS, RESIDING AT NO. 678, 3RD MAIN, MAHESHWARINAGARA, T DASARAHALLI, BENGALURU, KARNATAKA - 560 057 …RESPONDENT (BY SRI. DEENABANDHU RAI N.,ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW THE ENTIRE PROCEEDINGS IN MC NO.1480/2025 ON THE FILE OF THE LRD. V ADDITIONAL PRL. JUDGE, FAMILY COURT, BANGALORE AND TO TRANSFER THE SAME FOR ADJUDICATION Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50271 CP No. 186 of 2025 BEFORE THE LRD. PRL. JUDGE, FAMILY COURT, MYSORE, AND TO GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT IN 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. Shreyas S. for Sri. Milash Arrol Noronha, learned counsel for the petitioner and Sri. Deenabandhu Rai N., learned counsel for the respondent. 2. The present petition is filed by the petitioner/wife under Section 24 of the Code of Civil Procedure with the following prayer: " WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court be pleased to withdraw the entire proceedings in M.C. No.: 1480 of 2025 on the file of the Lrd. V Addl. Prl. Judge, Family Court, Bangalore and to transfer the same for adjudication before the Lrd. Prl. Judge, Family Court, Mysore, and to grant such other and further reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:50271 CP No. 186 of 2025 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 3.1 On account of strained matrimonial relationship between the parties, wife filed a petition before the Family Court, Mysore for restitution of conjugal rights. 3.2 Notice of the said petition was served, husband appeared before the Court at Mysore and filed a divorce petition at Mysore and both the cases were being tried together. 3.3 At that juncture, husband said to have filed a memo to withdraw the divorce petition at Mysore with liberty to file a fresh petition at Bangalore. Memo was allowed by the learned Trial Judge at Mysore. Thereafter, husband has filed the divorce petition before the Family Court, Bangalore in MC No.1480/2025. 4. Wife is now seeking transfer of said matrimonial case in MC No.1480/2025 to Mysore to be tried along with - 4 - HC-KAR NC: 2025:KHC:50271 CP No. 186 of 2025 the MC No.206/2023 which is filed by the wife for restitution of conjugal rights. 5. Grounds of petition are opposed by counsel for respondent. 6. Having heard the arguments of both sides, this Court perused the material on record meticulously. 7. On such perusal of the material on record, the earlier filing of the petition by the husband is not in dispute. 8. According to the respondent husband, the wife is working in a multinational Company at Bangalore and therefore, he had to file the divorce petition at Bangalore after withdrawing the case from Mysore. 9. The same is refuted by the counsel for petitioner by stating that she is working from home from Mysore though her employment is in Bangalore. - 5 - HC-KAR NC: 2025:KHC:50271 CP No. 186 of 2025 10. These are all the matters which needs further consideration by the Family Court at their respective places. 11. At any rate, the wife being educated can very well effectively appear before the Family Court Bangalore through video conferencing and effectively participate in the proceedings. 12. If the wife files an application before the Family Court, Bangalore to appear through video conferencing, same shall be allowed by the Family Court, Bangalore. 13. With that observation, following order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 31 CT-SG