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2025 DAILYLAW 74043 (KAR)

KAVITHA v. SHIVAYOGI

CP/218/2024 · 2025-11-03

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44481 CP No. 218 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 218 OF 2024 BETWEEN: 1. KAVITHA W/O SHIVAYOGI BEVINAMARAD, AGED ABOUT 32 YEARS, R/O SHIVASADANA NILAYA, II FLOOR, NO.147 3RD MAIN ROAD, BASAVESHWARA LAYOUT, VIJAYANAGAR, BENGALURU - 560 040 …PETITIONER (BY SRI. HEMALATA MAHISHI, ADVOCATE) AND: 1. SHIVAYOGI S/O SOMASHEKARA BEVINAMARAD AGED ABOUT 33 YEARS, R/O NO.231 MANJUNATH NAGAR, IZARI LAKAMAPUR HAVERI - 581 110 …RESPONDENT (BY SRI. SATISH R. GIRJI, ADVOCATE) THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL PETITION UNDER SECTION 24 OF CPC, PRAYING Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44481 CP No. 218 of 2024 THAT THIS HONBLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND TRANSFER PROCEEDINGS OF M.C.NO.41/2024 FILED BY THE RESPONDENT AGAINST THE PETITIONER FOR DIVORCE, NOW PENDING ON THE FILE OF THE COURT OF PRL. JUDGE, FAMILY COURT, HAVERI TO THE FAMILY COURT AT BENGALURU, 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 1. Heard Smt. Hemalatha Mahishi, learned counsel for the petitioner and Sri. Satish R. Girji, learned counsel for the respondent. 2. Present petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: "For these reasons it is prayed that this Hon'ble Court may be pleased to allow this petition and transfer proceedings of M.C.No.41/2024 filed by the respondent against the petitioner for divorce, now pending on the file of the Court of Prl. Judge, Family Court, Haveri to the Family Court at Bengaluru, in the interest of justice. - 3 - HC-KAR NC: 2025:KHC:44481 CP No. 218 of 2024 3. Respondent/husband has filed a matrimonial case at Family Court, Haveri for dissolution of the marriage between the parties. 4. Wife is expressing her inability to effectively participate in the matrimonial proceedings on account of geographical distance and financial difficulty and also having regard to the time that would be consumed for transport. 5. Pendency of the cases before the Family Court, Haveri is far far less compared to pendency before the Family Court at Bangalore. In a matter of this nature, early resolution of the dispute would put the parties at comfort besides all other ancillary difficulties. 6. In view of the fact that video conferencing facility is now made available and parties can effectively participate in any proceedings through videoconferencing in accordance with the videoconferencing rules, petitioner may utilize the said facility and effectively participate in - 4 - HC-KAR NC: 2025:KHC:44481 CP No. 218 of 2024 the pending matrimonial proceedings on the file of Family Court, Haveri. 7. If the petitioner files an application seeking permission to appear through videoconferencing, learned Trial Judge at Haveri shall allow the same and permit the petitioner to appear through video conference. 8. It is submitted that records are already transferred to Bangalore Court. Same shall be re- transferred to Family Court, Haveri. 9. With that observation, following order : ORDER Civil petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC ct:SG List No.: 1 Sl No.: 42