Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 78586 (KAR)

SMT MANASA M L v. ADARSHA B N

CP/99/2025 · 2025-11-20

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:48150 CP No. 99 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. 99 OF 2025 BETWEEN: 1. SMT MANASA M L AGED ABOUT 25 YEARS, W/O ADARSHA B N, D/O LAKSHMEGOWDA, R/AT SHRIRAM NAGARA, BEHIND RTO OFFICE, ARSIKERE ROAD, HASSAN-573201 …PETITIONER (BY SRI. HARSHA KUMAR GOWDA, ADVOCATE) AND: 1. ADARSHA B N S/O NINGEGOWDA, AGED ABOUT 30 YEARS, R/AT BANDIHALLI VILLAGE, JAMMANAHALLI POST, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN-573134 …RESPONDENT (BY SRI. MOHITH HEGDE, ADVOCATE FOR SMT. LAVANYA S., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48150 CP No. 99 of 2025 THIS CP IS FILED U/S. 24 OF CPC 1908, PRAYING TO DIRECT TO TRANSFER OF CASE / PROCEEDINGS IN M.C. NO. 1/24 PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, SAKALESHPURA FILED BY THE RESPONDENT TO THE CONCERNED FAMILY COURT AT HASSAN DISTRICT, 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 1. Heard Sri. Harsha Kumar Gowda, learned counsel for the petitioner and Sri. Mohith, learned counsel for the respondent. 2. Petitioner has filed the present petition under Section 24 of the Code of Civil Procedure with the following prayer: "WHEREFORE, the petitioner above named respectfully prays that this Hon'ble Court may be pleased to direct to transfer of case/ proceedings in M.C. No.1/2024 pending on the file of the learned Senior Civil Judge and JMFC, Sakaleshpura filed by the respondent to - 3 - HC-KAR NC: 2025:KHC:48150 CP No. 99 of 2025 the concerned Family Court at Hassan District, in the interest of justice and equity." 3. Facts in brief, which are utmost necessary for disposal of the present petition are as under: 3.1 Respondent/husband has filed a petition for divorce on the file of Civil Judge (Senior Division), Sakaleshapura, on account of strained matrimonial relationship. 3.2 Wife has filed a petition under Section 12 of Protection of Women from Domestic Violence Act. 4. Wife is now seeking transfer of the matrimonial case from Sakaleshapura to Hasan on the ground of geographical distance and financial incapacity. 5. The ground of financial difficulty and geographical distance are no longer valid parameters for transfer of a case from one Court to another Court in the video conferencing facility. - 4 - HC-KAR NC: 2025:KHC:48150 CP No. 99 of 2025 6. Hence, the petitioner/wife can avail the video conferencing facility and effectively represent and participate in the matrimonial proceedings at Sakaleshapura. 7. If the wife files such an application, trial Judge in Sakaleshapura shall permit the wife to appear through video conference. 8. With that observation, following order: ORDER Civil petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 30