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2025 DAILYLAW 75114 (KAR)

SMT.POOJA.K, v. SRI.PRASANTHA.L,

CP/105/2025 · 2025-11-20

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48022 CP No. 105 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO.105 OF 2025 BETWEEN: SMT.POOJA.K, AGED ABOUT 29 YEARS W/O PRASANTHA L.S, RESIDING IN KALLURU VILLAGE, YELAWALA HOBLI, MYSURU TALUK AND DISTRICT-571 423 …PETITIONER (BY SRI MANJEGOWDA D S, ADVOCATE) AND: SRI PRASANTHA.L, AGED ABOUT 33 YEARS, THE SYSTEM ASSISTANT S/O SIDDASHETTY, RESIDING IN LINGAPATNA VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 421. ALSO AT SRI.PRASANTHA.L, THE SYSTEM ASSISTANT, OFFICE OF THE DIRECTOR OF MUNICIPAL ADMINISTRATION, VISHVESHWARAIAH TOWER, 9TH AND 10TH FLOOR, SAMPANGI RAMA NAGARA, BENGALURU-560 001 …RESPONDENT (BY SRI SHIVANAGOL VEERABHADRA, ADVOCATE) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48022 CP No. 105 of 2025 THIS CIVIL PETITION FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO WITHDRAW THE M.C.NO.102/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, AND TRANSFER THE SAME FOR TRIAL AND DISPOSAL TO I ADDITIONAL FAMILY JUDGE, MYSURU, 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 Manjegowda D.S., learned counsel for the petitioner. None appears for the respondent. 2. Petitioner/wife has filed the petition under Section 24 (1) CPC with the following prayer: “Wherefore, the petitioner prays that this Hon’ble Court be pleased to withdraw the M.C.No.102/2024 pending on the file of the Senior Civil Judge and JMFC., Malavalli and transfer the same for trial and disposal to I Additional Family Judge, Mysuru, 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 - HC-KAR NC: 2025:KHC:48022 CP No. 105 of 2025 4. Matrimonial relationship between the parties got strained resulting in the wife filing a petition under Section 144 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking maintenance. 5. It is the contention of the petitioner/wife that the husband/respondent has filed a petition under Section 9 of the Hindu Marriage Act on the file of Senior Civil Judge, Malvalli, only with an intention to harass the petitioner. Therefore, the petitioner is now seeking to transfer of the said petition for restitution of conjugal rights from Malvalli to Mysore, where the criminal miscellaneous petition is pending. 6. The petitioner has assigned reasons that the maintenance amount is not paid and there is a geographical distance between Malavalli to Mysore whereby the petitioner cannot travel every date of hearing from Mysore to Malavali. 7. Geographical distance and financial incapacity are no longer valid parameters for transfer of a case from one Court to another Court in view of the Video Conferencing facility. - 4 - HC-KAR NC: 2025:KHC:48022 CP No. 105 of 2025 8. Wife can very well utilize the said facility and effectively represent herself before the Court at Malvalli. 9. If the wife files an application seeking permission to appear through Video Conferencing from Mysore before the Court at Malavalli, learned Judge at Malavalli shall permit the wife to appear through Video Conferencing. 10. With the above direction, following order is passed: ORDER (i) Civil Petition is dismissed. (ii) No order as to costs. Sd/- (V SRISHANANDA) JUDGE MR