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2025 DAILYLAW 79931 (KAR)

MRS AVATNTIKA S RAIKAR v. SRI LATHESH SHET T A

CP/14/2025 · 2025-11-14

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46643 CP No. 14 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 14 OF 2025 BETWEEN: MRS AVATNTIKA S RAIKAR, W/O MR. LATHESH SHET T.A., D/O SADANANDA RAIKAR, AGED ABOUT 25 YEARS, R/AT “SRIKRUPA”, 408/B, SAVARKAR ROAD, NEAR UNION BANK OF INDIA, TILAKWADI, BELGAUM-590 006. …PETITIONER (BY SRI. KAVERAPPA, ADVOCATE FOR SRI. YADUNANDAN N., ADVOCATE) AND: SRI LATHESH SHET T A, D/O ASHOK T.N, AGED ABOUT 28 YEARS, R/AT, #101, DEEPABHRATHI APARTMENT, SONGARKERI, THIRTHAHALLI-577432 SHIVAMOGGA DISTRICT, KARNATAKA. …RESPONDENT (BY SMT. ELIZABETH RODRIGUES., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW M.C.NO.245/2024 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT AT SHIVAMOGGA, AND TRANSFER THE SAME TO THE PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI TO BE HEARD ALONGWITH CRL. MISC. 435/2024 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT AT BELAGAVI. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:46643 CP No. 14 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Kaverappa, learned counsel appearing for Sri.Yadunandan N, learned counsel for the petitioner. 2. The petitioner/wife filed the present petition under Sections 24 of CPC with the following prayer. "PRAYER WHEREFORE, it is prayed that this Hon'ble Court May be pleased to withdraw MC No.245/2024 on the file of Prl. Judge, Family Court at Shivamogga and transfer the same to Principal Judge, Family court Belagavi to be heard along with Crl Misc 435/2024 pending on the file of Principal Judge, Family Court at Belagavi in the interest of justice and equity." 3. Facts in the nutshell, which are of utmost necessary for disposal of the present petition are as under. 4. Respondent/husband filed a petition under Section 9 of the Hindu Marriage Act, 1955, on the file of Family Court, Shivamogga, in MC No.245/2024 seeking restitution of conjugal rights. 5. Wife, on the contrary, filed a Crl.Misc.No.435/2024 for maintenance, under Section 144 of BNSS. Wife is now seeking - 3 - HC-KAR NC: 2025:KHC:46643 CP No. 14 of 2025 transfer of proceedings from Shivamogga court to Belagavi on the ground of geographical distance and financial incapacity. 6. Learned counsel for respondent is absent. 7. Having heard the counsel for the petitioner, it is noticed that geographical distance and financial incapacity are no longer valid parameters for transfer of a case from one court to another, in view of video conferencing facility. 8. The petitioner can very well avail such remedy and participate effectively before the court at Shivamogga. 9. If petitioner files an application seeking permission to effectively participate in the pending matrimonial case at Shivamogga, learned judge in the Shivamogga Court can permit the petitioner to appear through video conferencing. With that direction following order. This civil petition is dismissed. Sd/- (V SRISHANANDA) JUDGE AKV_List No.: 1 Sl No.: 32