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2025 DAILYLAW 74727 (KAR)

SMT SHUBHA Y P v. SRI J P HAREESHA

CP/39/2025 · 2025-10-25

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42393 CP No. 39 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 39 OF 2025 BETWEEN: 1. SMT. SHUBHA Y.P. W/O. J.P. HAREESHA, D/O. PARAMESHWRAPPA, AGED ABOUT 26 YEARS, R/AT D.NO.1282/1, 2ND MAIN ROAD, K.H.B. COLONY , TIPTUR, TUMKURU DISTRUCT - 572 201 …PETITIONER (BY SRI. MANHOHAR V., ADVOCTE FOR SRI. NAGARAJA S., ADVOCATE) AND: 1. SRI. J.P. HAREESHA S/O. PRAKASHAPPA J.M., AGED ABOUT 34 YEARS, R/AT NO.3, M.B. RAJASHEKAR BUILDING 1ST FLOOR, 1ST MAIN NETHAJI CIRCLE, MATHIKERE BENGALURU - 560 054 …RESPONDENT (VIDE ORDER DATED 13.10.2025, NOTICE TO RESPONDENT IS HELD SUFFICIENT) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42393 CP No. 39 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO WITHDRAW THE PETITION IN M.C.NO.4466/2024 PENDING ON THE FILE OF VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT JUDGE AT BANGALORE PRODUCED AT ANNEXURE-A AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AT TIPTUR TO TRY AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW AND PASS SUCH OTHER ORDERS THAT THIS HONBLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri, Nagaraja S., learned counsel for the petitioner. 2. Present Civil Petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: "Wherefore, it is prayed that this Hon'ble Court be pleased to withdraw the petition in M.C. No.4466/2024 pending on the file of VI Addl. Principal Judge, Family Court Judge at Bangalore produced at 'Annexure-A' and transfer the same to the Senior Civil Judge at Tiptur to try - 3 - HC-KAR NC: 2025:KHC:42393 CP No. 39 of 2025 and dispose of the same in accordance with law and pass such other orders that this Hon'ble Court deems fit to grant in 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: 3.1 Petitioner is the wife, whose marriage with the respondent got solemnized at Lakshmi Ranganatha Swamy Sannidhi, Chikkahalasuru Village, Kankatte Hobli, Arasikere Taluk, Hassan District on 26.04.2020. There are serious differences with regard to the marital relationship between the parties resulting in husband filing a divorce petition on the file of Family Court, Bangalore in M.C. No.4466/2024. Whereas the wife has filed a case at Tiptur in C.Misc. No.16/2021 under Section 125 of the Code of Criminal Procedure. 4. After receipt of notice from the Family Court, petitioner has approached this court seeking transfer of - 4 - HC-KAR NC: 2025:KHC:42393 CP No. 39 of 2025 the diversion from Bangalore to Tiptur to be tried along with C.Misc. No.16/2021 on the ground that the maintenance is not paid nor the respondent is appearing before the Tiptur Court resulting in financial problems for the wife to attend the Court at Bangalore. 5. Respondent/husband is served with the notice and remained absent before this Court. 6. Taking note of the fact that the C.Misc. case is pending before the Tiptur Court from the year 2021, the petitioner is at liberty to get the case disposed of at an early date before the Tiptur Court. Insofar as appearance before the Bangalore court for the in the divorce petition is concerned, petitioner may utilize the opportunity of video conferencing facility. 7. If any such application is filed before the Family Court, Bangalore, same shall be considered and allowed by the Family Court and permit the petitioner to appear through video conferencing. - 5 - HC-KAR NC: 2025:KHC:42393 CP No. 39 of 2025 8. With that observation, following order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 25