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2025 DAILYLAW 81524 (KAR)

SMT. N PARVATHAMMA v. SRI HONAPPA

CP/293/2025 · 2025-11-03

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44082 CP No. 293 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. 293 OF 2025 BETWEEN: 1. SMT. N. PARVATHAMMA W/O. SRI. HONAPPA, AGED ABOUT 48 YEARS, NO.102, KAVERI D BLOCK, BDA JNANABHARATHI RESIDENCY ENCLAVE, VALLGERAHALLI, BENGLURU - 560 059 …PETITIONER (BY SRI. RANGANTHA S. JOIS, ADVOCATE (VC)) AND: 1. SRI. HONAPPA S/O SHUMBALINGAIAH, AGED ABOUT 57 YEARS, HULIKEREKOPPALLU GRAMA, DUDDU HOBLI, MANDYA TQ., MANDYA DISTRICT - 571 438. …RESPONDENT (BY SRI. SHRIDHAR K., ADVOCATE (VAKALATH NOT FILED)) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ISSUE DIRECTIONS TO TRANSFER THE M.C.NO.239/2024 PENDING ON THE FILE OF THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANDYA VIDE ANNEXURE C TO THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44082 CP No. 293 of 2025 HONBLE JUDGE OF PRINCIPAL FAMILY COURT, BENGALURU, 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. Ranganatha S. Jois, learned counsel for the petitioner. Respondent is served and unrepresented. 2. Present petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: "WHEREFORE, the petitioner most respectfully prays that, this Hon'ble Court may kindly be pleased to call for records; and ISSUE directions to transfer the M.C.No.239/2024 pending on the file of the Court of Prl. Senior Civil Judge and CJM, Mandya vide Annexure-C to the Hon'ble Judge of Prl. Family Court, Bengaluru, in the interest of justice and equity;" - 3 - HC-KAR NC: 2025:KHC:44082 CP No. 293 of 2025 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 3.1 Respondent has filed petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act on the file of Mandya in M.C.No.239/2024. 4.2 Whereas, the petitioner has filed an application seeking grant of maintenance under Section 125 of Code of Criminal Procedure, on the file of I Additional Principal Judge, Family Court, Bangalore, in C.Misc.No.91/2023. 4. Whereas the petitioner/wife has filed the present petition seeking transfer of matrimonial case in M.C.No.230/2024 from Mandya to Family Court, Bengaluru on the ground that she is residing in Bengaluru with her son. It is difficult for her to travel from Bengaluru to Mandya on every date of hearing. 5. Having heard the arguments of learned counsel for the petitioner, it is to be noted that geographical - 4 - HC-KAR NC: 2025:KHC:44082 CP No. 293 of 2025 distance and financial constraints are no longer good parameters for the transfer of the petition from one Court to another in view of the video conferencing facility. 6. If the petitioner files a necessary application before the Court at Mandya, learned Trial Judge shall allow the said application and permit the petitioner to effectively participate through videoconference. 7. With that observations, the following Order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 48