- 1 - HC-KAR NC: 2025:KHC:46700 CP No. 322 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 322 OF 2025 BETWEEN: 1. SMT BHAVYA M H W/O POONACHA M.D., D/O HOOVAIAH, AGED ABOUT 36 YEARS, R/O TAKERI VILLAGE AND POST, SOMWARPETE TALUK, KODAGU DISTRICT - 571 231 …PETITIONER (BY SRI. RAMESH KUMAR R.V., ADVOCATE) AND: 1. SRI POONACHA M D S/O LATE DEVAIAH, AGED ABOUT 41 YEARS, R/O 29, 5TH MAIN, NEAR DODDANNA SCHOOL, SHRIGANDHA NAGARA, HEGGANAHALLI, BENGALURU NORTH, BENGALURU - 560 091. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ORDER FOR WITHDRAWAL OF THE CASE IN MC NO.1/2025, PENDING ON THE FILE OF THE HONBLE 5TH ADDITIONAL PRL. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46700 CP No. 322 of 2025 JUDGE, FAMILY COURT, JUDGE, BENGALURU TO BE TRANSFERRED TO BE TRIED AND DISPOSED OF BY THE HONBLE PRL SENIOR CIVIL JUDGE AND JMFC, SOMWARPETE, KODAGU DISTRICT ALONG IN ORDER TO SECURE THE ENDS 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 1. Heard Sri. Ramesh Kumar R.V., learned counsel for the petitioner. Respondent is served and unrepresented. 2. Petitioner/wife has filed petition under Section 24 of the Code of Civil Procedure with the following prayer: "Wherefore, the petitioner prays that this Hon'ble Court be pleased to : (i) Order for withdrawal of the case in M.C.No.01/2025, pending on the file of the Hon'ble 5th Addl. Prl. Judge, Family Court, Judge, Bengaluru, to be transferred and to be tried and disposed of by the Hon'ble - 3 - HC-KAR NC: 2025:KHC:46700 CP No. 322 of 2025 Prl. Senior Civil Judge and JMFC, Somwarpete, Kodagu District along in order to secure the ends of Justice and equity." 3. Facts in brief which are utmost necessary for disposal of the present petition are as under : 3.1 The matrimonial relationship between the parties stood strained whereby wife filed a petition under Section 12 of Protection of Women from Domestic Violence Act (hereinafter referred to as 'D.V. Act' for short) whereas husband has filed a petition for divorce on the file of Family Court, Bangalore in MC No.1/2025. 4. Petitioner/Wife is now seeking transfer of the divorce petition from Family Court, Bengaluru, Family Court to Civil Judge (Senior Division), Somwarpet on the ground of geographical distance and financial difficulty 5. Sri. Ramesh Kumar, in respect of his petition prayer, places reliance on the judgment of the Hon'ble Apex Court in the case of N.C.V. Aishwarya versus A.S. - 4 - HC-KAR NC: 2025:KHC:46700 CP No. 322 of 2025 Saravana Karthik Sha reported in 2022 LiveLaw (SC) 627 and Ruchi Rawat versus Principal Judge, Family Court Etah & Anr in Civil Appeal No.5218/2022 (SLP No.(C) 9164/2022. 6. This Court perused the material on record meticulously considering the ratio laid down in the aforesaid decisions. 7. Those decisions were rendered by the Hon'ble Apex Court when the video conferencing facility was not in place on account of non framing of rules in regard to the video conferencing facility. 8. Since the video conferencing facility is now available and the rules being framed, petitioner can effectively appear through video conference as geographical distance and financial constraints are no longer valid parameters for transfer of a case from one Court to another Court. - 5 - HC-KAR NC: 2025:KHC:46700 CP No. 322 of 2025 9. If the petitioner files an application before the Family Court at Bangalore to effectively participate in the divorce petition in M.C. No.1/2025, learned Judge shall permit the petitioner to appear through videoconferencing. 10. With that direction, following order : ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 38