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2025 DAILYLAW 73990 (KAR)

SHUBHA K J v. RAJASHEKAR ARADYA B S

CP/133/2025 · 2025-12-02

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50270 CP No. 133 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. 133 OF 2025 BETWEEN: 1. SHUBHA K J WIFE OF RAJASHEKHAR ARADHYA B. S., AGED ABOUT 37 YEARS, RESIDING AT BINDIGA ROAD, MALLENAHALLI, BINDIGA, CHIKKAMAGALURU - 577 131. …PETITIONER (BY SRI. GOWTHAM N. RAGHUNATH, ADVOCATE FOR SRI. VISHWAS N. AND SRI. SUHAS C.S., ADVOCATES) AND: 1. RAJASHEKAR ARADHYA B S SON OF SADASHIVAIAH, AGED ABOUT 43 YEARS, RESIDING AT NO. 256, ARADHYA NILAYA, 7TH CROSS, 27TH MAIN ROAD, HSR LAYOUT, SECTOR - I, BENGALURU - 560 102. …RESPONDENT (BY SMT. PRAMILA NESARGI, SENIOR COUNSEL FOR SRI. MUTAGUPPI RAMACHANDRA PUTTA, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50270 CP No. 133 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING THAT THIS HONBLE COURT TO WITHDRAW AND TRANSFER THE PROCEEDINGS IN M.C.NO.918 OF 2025, PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU (ANNEXURE - B), AND TRANSFER THE SAME TO THE FAMILY COURT, AT CHIKKAMAGALURU. 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. Vishwas N., learned counsel for the petitioner and Smt. Pramila Nesargi, learned senior 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 may be pleased to : a. Withdraw and transfer the proceedings in M.C. No.918 of 2025, pending before the Principal Judge, Family Court at Bengaluru (Annexure B), and transfer the same to the Family Court, at Chikkamagaluru;" - 3 - HC-KAR NC: 2025:KHC:50270 CP No. 133 of 2025 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 4.1 On account of strained matrimonial relationship between the parties, a petition came to be filed before the Trial Court for divorce by the respondent/husband in M.C. No.918/2025 on the file of Family Court, Bangalore. 4. Wife is residing in Chikkamagaluru and now seeking transfer of the matrimonial case from Family Court, Bangalore to Family Court, Chikkamagaluru on account of geographical distance and financial incapacity. 5. Grounds of the petition is opposed by the counsel for the respondent. 6. Having heard the arguments of both sides, it is noted that the geographical distance and financial incapacity are no longer valid grounds to transfer the proceedings from one Court to another Court in view of the video conferencing facility. - 4 - HC-KAR NC: 2025:KHC:50270 CP No. 133 of 2025 7. Thus, request of the petitioner cannot be granted. 8. However, if the petitioner intends to participate in the proceedings effectively through video conferencing, she may file an application before the Family Court, Bangalore and said application needs to be allowed and petitioner be permitted to appear through video conferencing. 9. With that direction, following Order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 30 CT-SG