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2025 DAILYLAW 78773 (KAR)

SMT. SHRIDEVI L v. SRI KAMALESH RAJE URS

CP/294/2025 · 2025-11-03

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43984 CP No. 294 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 294 OF 2025 BETWEEN: 1. SMT. SHRIDEVI L. AGED ABOUT 24 YEARS, W/O SRI KAMALESH RAJE URS, D/O LATE LAKSHMANA, R/O C/O YELLAMMA SANGRESHI, H.NO.1029, BALIGAR ONI, UNAKAL HUBLI - 580 031 …PETITIONER (BY SRI. DESAI SHARANABASAPPA VIRANNA, DVOCATE) AND: 1. SRI. KAMALESH RAJE URS S/O LATE NANJUND RAJE URS, AGED ABOUT 39 YEARS, OCCUPATION: I.T. ENGINEER, R/AT 306, CHAMUNDI TOWNSHIP, NANAJANGUD, TQ NANAJANGUD TALUK, DIST MYSURU DISTRICT PIN CODE 571301 …RESPONDENT (BY SRI. KESHAVA CHANDRA S.P., ADVOCATE FOR SRI. H.C. SHIVARAMU, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43984 CP No. 294 of 2025 THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS AN ORDER TO TRANSFER THE CASE BEARING M.C.NO.36/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NANJANGUD TO PRL. FAMILY COURT AT HUBBALLI FOR ADJUDICATION. 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. Desai Sharanabasappa Viranna, learned counsel for the petitioner and Sri. Keshava Chandra appearing on behalf of Sri. H.C. Shivaramu, learned counsel for the respondent. 2. Present petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: That the petitioner humbly pray that this Hon'ble Court may kindly be pleased to pass : - i) an Order to Transfer the case bearing M.C.No.36/2025 on the file of the Senior Civil Jud And JMFC, Nanjangud To .Prl. Family Court, at Hubballi for adjudication. - 3 - HC-KAR NC: 2025:KHC:43984 CP No. 294 of 2025 3. Facts in the nutshell for disposal of the case are as under: 4.1 Respondent has filed a matrimonial case before on the file of Civil Judge (Senior Division), Nanjangud for the relief of restitution of conjugal rights. 4.2 Whereas wife has filed petition at Family Court, Hubli for maintenance under Section 144 of BNSS. 4. It is the contention of the petitioner that after the maintenance case came to be filed, in order to avoid the liability, a case for restitution of conjugal right is filed at Nanjangud which makes it practically impossible for the petitioner/wife to effectively participate before the Court at Nanjanagud. Therefore sought for transfer of the petition to Family Court, Huballi. 5. Per contra, learned counsel for the respondent opposes the petition grounds. - 4 - HC-KAR NC: 2025:KHC:43984 CP No. 294 of 2025 6. Having heard the arguments of both sides, geographical distance and financial constraints are no longer good parameters for the transfer of a proceedings from one court to another in view of the video conferencing facility. 7. If the petitioner files a necessary application before the Court at Nanjangud, learned Trial Judge shall allow the said application and permit the petitioner to effectively participate through videoconference. 8. With that observations, the following Order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 49