- 1 - HC-KAR NC: 2025:KHC:53561 CP No. 418 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 418 OF 2023 BETWEEN: 1. MRS. FOUZIYA NAAZ AGED ABOUT 29 YEARS, D/O AZMATHULLA SHARIFF, R/AT NO.13/1, 1ST FLOOR, 1ST CROSS, 4TH MAIN, VENKATASWAMAPPA LAYOUT, LR BANDE, KAVALBYRASANDRA, R T NAGAR POST, BANGALORE - 560 032 …PETITIONER (BY SRI. METRI MAHAMMADISMAYIL KAREEMSAHEB, ADV.) AND: 1. MR. WASEEM ULLA, AGED ABOUT 36 YEARS, S/O ASHWAK AHMED, R/AT NAGAVALLI, NAGAVALLI POST, MG ROAD, HEBBUR, TUMKUR - 572 120. PLACE OF PRESENTLY R/AT RIYADH,KSA, AND PRESENTLY WORKING ABROAD AT AL MARAI COMPANY, AL KHARJ 2 HARDH ROAD, KSA RIYADH POSTAL CODE 16675, BUILDING NO.2498 …RESPONDENT (VIDE ORDER DATED 09.12.2025, SRI. SYED ALTAF MOHIUDDIN, VAKALATH NOT FILED) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53561 CP No. 418 of 2023 THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL PETITION UNDER SECTION 24 OF THE CPC, 1908, PRAYING THAT THIS HONBLE COURT MAY KINDLY BE PLEASED TO DIRECT TO TRANSFER O.S.NO.01/2023 PENDING ON THE FILE OF LEARNED PRINCIPAL JUDGE, FAMILY COURT, TUMKUR DISTRICT TO THE HONBLE 6TH ADDITIONAL JUDGE, FAMILY COURT, BANGALORE AND TO PASS ANY OTHER EQUITABLE ORDER WHICH THIS HONBLE COURT MAY DEEM-FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE, EQUITY AND LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Metri Mahammadismayil Kareemsaheb, learned counsel for the petitioner. None appears for the respondent. 2. Present Civil Petition is filed by the wife under Section 24 of the Code of Civil Procedure with the following prayer: - 3 - HC-KAR NC: 2025:KHC:53561 CP No. 418 of 2023 WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to direct to transfer O.S.No.01/2023 pending on the file of learned Principal Judge, Family Court, Tumkur District to the Hon'ble 6th Additional Judge, Family Court, Bangalore and to pass any other equitable order which this Hon'ble Court may deem-fit to grant in the circumstances of the case in the interest of justice, equity and law." 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 3.1 On account of strained matrimonial relationship between the parties, wife has filed a petition for dissolution of marriage at Bangalore. 3.2 Whereas after service of notice in the said suit, husband filed a suit in O.S. No.1/2023 under Section 281 of Mohammedan Law on the file of Family Court, Tumkur seeking the relief of restitution of conjugal rights. 4. Wife is now seeking transfer of the suit from Tumkur to Bangalore on the ground that no part of cause - 4 - HC-KAR NC: 2025:KHC:53561 CP No. 418 of 2023 of action has arisen at Tumkur and there is difficulty for the her to attend the Court at Tumkur on all dates of hearing and effectively participate in the said suit. 5. Notice of the respondent is served on his advocate who represented him in the lower Court. But he has failed to appear before the Court. 6. Having noted the contents of the petition and the facts of the case, this Court is of the considered opinion that geographical distance and financial incapacity are not valid parameters for transfer of the suit from Tumkur to Bangalore, in view of the video conferencing facility. 7. Further, if the Court at Tumkur has no jurisdiction, all that the petitioner is required to do is to file an application seeking the dismissal of the suit in O.S. No.1/2023 on the file of Family Court, Tumkur for want of territorial jurisdiction. - 5 - HC-KAR NC: 2025:KHC:53561 CP No. 418 of 2023 8. Petitioner can very well appear before the court at Tumkur through video conferencing facility. If the petitioner files an application seeking permission to appear through video conference before the Court at Tumkur, learned Trial Judge in the Family Court, Tumkur shall permit the petitioner to do so. 9. With that direction, following Order: ORDER Civil petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC ct:SG List No.: 1 Sl No.: 15