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2025 DAILYLAW 75956 (KAR)

SMT. MAHILAVATHI V v. SRI VENKATESHA G

CP/290/2025 · 2025-10-27

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42671 CP No. 290 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 290 OF 2025 BETWEEN: SMT. MAHILAVATHI V @ PRAMILA W/O SRI. VENKATESHA G AGED ABOUT 42 YEARS, RESIDING AT NO. 706/874, BEML RAOD CHANNASANDRA, NEAR ADISHWARA SHOWROOM, RAJARAJESHWARI NAGAR, BANGALORE SOUTH, BENGALURU, KARNATAKA - 560 098. …PETITIONER (BY SRI. LINGARAJU K.S, ADVOCATE) AND: SRI. VENKATESHA G S/O GOVINDA SHETTY, AGED ABOUT 47 YEARS, RESIDING AT BASAPURA VILLAGE, KANDALIKE HOBLI, SARAGUR TALUK, MYSORE DISTRICT - 570 001. …RESPONDENT (BY SRI. RUPESH KUMAR S, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO ALLOW THE CIVIL PETITION AND TRANSFER THE MC NO.24/2023 PENDING Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42671 CP No. 290 of 2025 BEFORE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, H.D. KOTE, MYSORE TO THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ALONG WITH COST AND GRANT SUCH OTHER RELIEF AS THIS HONBLE COURT MAY DEEMS FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, 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.Lingaraju K. S., learned counsel for the petitioner and Sri.Rupesh Kumar S., learned counsel for the respondent. 2. Present petition is filed under Section 24 of CPC with the following prayer: “Wherefore, the petitioner most respectfully prays that, this Hon’ble Court may be pleased to allow the civil petition and transfer the MC Petition 24/2023 pending before Principal Senior Civil Judge and JMFC, H. D. Kote, Mysore to the Principal Judge, Family Court, Bengaluru along with cost and - 3 - HC-KAR NC: 2025:KHC:42671 CP No. 290 of 2025 grant such other relief as this Hon’ble Court may deems fit to grant under 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 petition are as under: 3.1. Respondent/husband filed the petition under Section 13 of Hindu Marriage Act seeking dissolution of the marriage that took place between the parties on 04.05.2006 in MC No.24/2023 on the file of Principal Senior Civil Judge and JMFC, H. D. Kote, Mysore. 3.2. Wife being the resident of Benglauru, seeking transfer of the petition to the Court at Bengaluru. 4. Reason assigned by the petitioner for seeking transfer is that she is unable to travel to H.D.Kote for effective participation in the said matrimonial case. 5. Taking note of the fact that pendency of the case at Bengaluru Court are huge and pendency of the - 4 - HC-KAR NC: 2025:KHC:42671 CP No. 290 of 2025 case at H.D.Kote are comparatively very less in number, petition can be disposed of and resolution of the dispute can be made early at the Court at H.D.Kote. Further, taking note of the fact that videoconferencing facility can be availed by the wife, matter can be disposed of. 6. If the petitioner/wife files an application seeking permission of the Court at H.D.Kote to participate through videoconferencing, learned Trial Judge shall allow the said application and permit the wife to participate effectively in the pending matrimonial proceedings in H.D.Kote 7. With that observations, following: ORDER Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 2 Sl No.: 38 CT: BHK