- 1 - HC-KAR NC: 2025:KHC:47003 CP No. 331 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 331 OF 2025 BETWEEN: SMT VEENA K., W/O PRAKASH MARTHANDAPPA AGED ABOUT 30 YEARS, NO.221, 8TH BLOCK, SMV LAYOUT, BENGALURU-560 056. NOW RESIDING NEAR BASAVESHWARA TEMPLE, GRAMMAR ROAD, MMH LINE MONEY, KUMARAPATTINAM, RANEBENNUR, HAVERI DISTRICT-581 123. …PETITIONER (BY SRI. GIREESHA KODGI, ADVOCATE) AND: SRI PRAKASH MARTHANDAPPA S/O MARTHANDAPPA, AGED ABOUT 38 YEARS, HEGGAPPANAVAR MANE, BASAVESHWARA TEMPLE, NEAR SHETTY HOSPITAL, BAVIKATTE ROAD, KUMARAPATTANAM, RANEBENNUR TALUK, HAVERI DISTRICT-581 123. …RESPONDENT Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47003 CP No. 331 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO TRANSFER THE MATRIMONIAL CASE BEARING MC NO.610/2024 ON THE FILE OF THE VI ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU TO HONBLE SENIOR CIVIL JUDGE AND JMFC, HIREKERUR, FOR THE DISPOSAL OF THE CASE IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Gireesha Kodgi, learned counsel for petitioner. 2. Though the matter is listed for payment of deficient process fee, the matter is taken up for final disposal as notice to respondent is not necessary in view of petition prayer. 3. Wife has filed this petition under Section 24 CPC with the following prayer: "WHEREFORE, the Petitioner prays that this Hon'ble Court may be pleased to transfer the Matrimonial case bearing M.C.No.610/2024 on the file of the VI - 3 - HC-KAR NC: 2025:KHC:47003 CP No. 331 of 2025 Addl. Prl. Judge, Family Court, Bengaluru to Hon'ble Senior Civil Judge and JMFC, Hirekerur, for the disposal of the case in accordance with law, in the interest of justice and equity." 4. Facts in a nutshell which are utmost necessary for disposal of the present petition are as under: Wife has filed the matrimonial case for divorce against the respondent-husband in M.C.No.610/2024 on the file of VI Addl. Principal Judge, Family Court, Bengaluru. It is her case that she has now shifted to Hirekerur, wherein husband has filed a petition under Section 9 of the Hindu Marriage Act, which is pending in M.C.No.41/2024 on the file of Senior Civil Judge and JMFC, Hirekerur. 5. Wife has expressed her inability to attend the Court at Bengaluru to effectively participate in the pending divorce case on account of geographical distance and financial incapacity. - 4 - HC-KAR NC: 2025:KHC:47003 CP No. 331 of 2025 6. Taking note of the fact that the husband has filed petition for restoration of conjugal rights on the file of Senior Civil Judge and JMFC, Hirekerur, wife may make necessary prayer before the Hirekerur Court, if she is now residing in Hirekerur. 7. Further, she can effectively participate in the divorce petition filed before the Family Court, Bengaluru through video conferencing. 8. Thus, the grounds urged in the petition that geographical distance and financial incapacity are no longer good grounds to allow the petition. 9. If the wife files an application before the Family Court, Bengaluru to appear through video conferencing, the Court may consider the same and allow the petitioner to appear through video conferencing. With that observation, following: - 5 - HC-KAR NC: 2025:KHC:47003 CP No. 331 of 2025 ORDER Petition is dismissed. SD/- (V SRISHANANDA) JUDGE SBN List No.: 1 Sl No.: 3