- 1 - HC-KAR NC: 2025:KHC:53415 CP No. 392 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 392 OF 2025 BETWEEN: SMT. CHAITRA G W/O SHRIKANTH, AGED ABOUT 28 YEARS, R/AT NO.44/2, SARASWATHAMMA BUILDING, VENUGOPALASWAMY TEMPLE ROAD, DODDABOMMASANDRA, BANGALORE NORTH, VIDYARANYAPURA, BANGALORE - 560 097. …PETITIONER (BY SRI. RAVINDRA B.DESHPANDE, ADVOCATE) AND: SRI. SRIKANTH S/O BABANNA DEVADIGA, AGED ABOUT 32 YEARS, R/AT HOUSE NO.4/90/2, 4TH WARD, DODDONI ROAD, BEEJADI VILLAGE, KOTESWARA POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576 222. …RESPONDENT (BY SMT. BHUSHANI KUMAR, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO WITHDRAW AND Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53415 CP No. 392 of 2025 TRANSFER M.C.NO.108/2025 WHICH IS PENDING ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA, UDUPI DISTRICT TO FAMILY COURT AT BANGALORE WHICH IS A COMPETENT COURT AND HAVING JURISDICTION TO TRY SUCH CASES, IN THE INTEREST OF JUSTICE. 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.Ravindra B. Deshpande, learned counsel for the petitioner and Smt.Bhushani Kumar, learned counsel for the respondent. 2. Wife has filed the petition under Section 24 of Code of Civil Procedure with the following prayer: “Wherefore it is humbly prayed that this Hon’ble High Court may be please to withdraw and transfer MC No.108/2025 which is pending on the file of Senior Civil Judge, Kundapura, Udupi District to Family Court at Bangalore which is a competent Court and having jurisdiction to try such cases, in the interest of justice.” 3. Facts of the case which are utmost necessary for disposal of the petition are as under: - 3 - HC-KAR NC: 2025:KHC:53415 CP No. 392 of 2025 3.1. On account of the strained matrimonial relationship, wife has filed a petition for divorce in Family Court, Bengaluru in M.C.No.4793/2025, whereas the husband has filed a petition for restitution of conjugal rights in M.C.No.108/2025 on the file of Senior Civil Judge, Kundapura, Udupi District. 3.2. Wife is seeking transfer of the petition on the ground of geographical distance and to rear a young child of one and half year. 4. Grounds of transfer are opposed by learned counsel for the respondent. 5. Having heard the arguments of both sides, this Court noted that geographical distance is not the criteria for transfer of a pending case from one Court to another Court and so also the apprehension of contradictory orders in both the Courts. - 4 - HC-KAR NC: 2025:KHC:53415 CP No. 392 of 2025 6. Wife can very well utilise the facility of video conferencing and effectively participate in the case at Kundapura. 7. In view of the said facility, grounds urged that the one and half year child is to be reared by the wife and therefore, taking the child along with her to Kundapura and physically appear stands quelled automatically. 8. If the petitioner/wife files an application before the Court at Kundapura, same shall be allowed by the learned Trial Judge at Kundapura to effectively participate through video conference in the pending proceedings through video conferencing. 9. With the above observations, following: ORDER Petition stands dismissed. Sd/- (V SRISHANANDA) JUDGE KAV/List No.: 1 Sl No.: 34