- 1 - HC-KAR NC: 2025:KHC:50871 CP No. 124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 124 OF 2025 BETWEEN: SMT. AISWARYA P.S AGED ABOUT 26 YEARS, W/O HARISH KUMAR S, D/O SRIDHAR P.T, R/AT JAIN LAYOUT, NEAR YOGA MANDIRA PAVAGADA TOWN, TUMKUR DISTRICT - 561 202 …PETITIONER (BY SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA, ADVOCATE) AND: SRI. HARISH KUMAR. S AGED ABOUT 33 YEARS, S/O R SREEDHAR, R/AT 62A, SRI VENKATESHWARA NILAYAM, 1ST BLOCK, CHINNAPPA LAYOUT, BETHAMANGALA, K.G.F.TALUK - 563 116. …RESPONDENT (BY SRI. REDDY REKHA K, ADVOCATE AND MS. NETRAVATHI T.V, ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS NECESSARY ORDER WITHDRAWING THE M.C.NO.83/2023 PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, KGF, KOLAR PRODUCED VIDE ANNEXURE A AND TRANSFER THE SAME TO BE TRIED BY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50871 CP No. 124 of 2025 HONBLE SENIOR CIVIL JUDGE AND JMFC, PAVAGADA ALONGWITH M.C.NO.72/2023, 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 Heard Sri.Balasubramanya, learned counsel appearing on behalf of Sri.Tumbigi Prabhugouda Basavantarayagouda, learned counsel for the petitioner. None appears for the respondent. 2. Present petition is filed by the wife under Section 24 of CPC with the following prayer: “Wherefore, the petitioner prays that this Hon’ble Court may be pleased to pass necessary orders; (a) withdrawing the MC No.83/2023 pending before the Hon’ble Senior Civil Judge and Principal JMFC, KGF, Kolar produced vide Annexure-A and transfer the same to be tried by Hon’ble Senior Civil Judge and JMFC, Pavagada along with MC No.72/2023, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:50871 CP No. 124 of 2025 (b) and grant such other relief/s as this Hon’ble Court deems fit in view of the facts and circumstances of the case, in the interest of justice and equity.” 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: On account of strained matrimonial relationship, respondent/husband filed a petition for nullity on the file Senior Civil Judge and Principal JMFC, KGF of the marriage which got solemnized on 01.03.2023 on the ground that the petitioner/wife is mentally unsound. 4. Said petition came to be filed in the month of June, 2023. However, the wife has filed a petition for restitution of conjugal rights on the file of Senior Civil Judge and JMFC, Pavagada. 5. Wife is seeking transfer of the petition filed under Section 12 of the Hindu Marriage Act from Senior - 4 - HC-KAR NC: 2025:KHC:50871 CP No. 124 of 2025 Civil Judge and Principal JMFC, KGF to Senior Civil Judge and JMFC, Pavagada to be tried along with the case filed by the wife for restoration of conjugal rights on the ground of geographical distance and financial incapacity to effectively contest the matter before the Court at KGF. 6. Having heard the learned counsel for the petitioner and noting the absence of counsel for respondent, this Court perused the material on record meticulously. 7. On such perusal of the material on record, it is noted that geographical distance and financial incapacity are no longer valid parameters to transfer a case from one Court to another Court in view of the video conferencing facility. 8. As such, if the petitioner is willing to participate before the Court at KGF through video conference, she may file an application before the Court at KGF and if such application is filed, learned Trial Judge before the Court at - 5 - HC-KAR NC: 2025:KHC:50871 CP No. 124 of 2025 KGF shall permit the petitioner to appear through video conferencing and effectively contest the matter. 9. With the above direction, following: ORDER Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 26 CT: BHK