- 1 - HC-KAR NC: 2025:KHC:44927 CP No. 334 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 334 OF 2025 BETWEEN: SMT. ROOPA D., D/O DEVOJI RAO, W/O SRINIVAS RAO K. N., AGED ABOUT 36 YEARS, R/AT HALEKALLAHALLI VILLAGE, NEAR MARIGUDI TEMPLE, MANDYA TALUK, MANDYA DISTRICT - 571 401. …PETITIONER (BY SRI. DEVENDRA N., ADVOCATE) AND: SRI. SRINIVAS RAO K. N., S/O NAGARAJU, AGED ABOUT 38 YEARS, R/AT WARD NO.5, DHARMARAYAGUDI BEEDHI, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC., PRAYING TO TRANSFER THE PETITION, MC NO.95/2024 FROM THE COURT OF PRL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI TO THE COURT OF PRL. SENIOR CIVIL JUDGE AND JMFC, AT MANDYA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44927 CP No. 334 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Devendra N, learned counsel for the petitioner. This Court did not deem fit to issue notice to the respondent. 2. Wife is the petitioner who has filed the present petition under Section 24 of the Code of Civil Procedure with the following prayer: "Wherefore, the Petitioner requests this Hon'ble Court to transfer the petition, MC No.95/2024 from the Court of Prl. Senior Civil Judge & JMFC, Devanahalli to the Court of Court of Prl. Senior Civil Judge & JMFC, at Mandya and to grant such other relief/s as this Hon'ble Court may deem fit to grant in the circumstances of the case in the interest of justice." 3. Respondent-husband filed matrimonial case in M.C.No.95/2024 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. But wife has filed a petition under Section 125 of the Code of Criminal Procedure in Crl.Misc No.149/2024 seeking maintenance for herself and her minor children on the file of the JMFC II, Mandya. - 3 - HC-KAR NC: 2025:KHC:44927 CP No. 334 of 2025 4. Therefore, the wife is seeking transfer of M.C.No.95/2024 from Devanahalli to Mandya for effective participation of the wife in the said proceedings. 5. It is also contended by the petitioner that having regard to the two minor children and distance between Mandya and Devanahalli is 150 kms, the petitioner is unable to effectively participate in M.C.No.95/2024. 6. It is further contended that after filing the application for maintenance in the month of June 2024, as an afterthought only to harass the petitioner, husband has filed the petition under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights and therefore, M.C.No.95/2024 need to be transferred to Mandya. 7. Geographical distance and financial incapacity are no longer good grounds to transfer a pending case from one Court to another Court in view of the video conferencing facility. - 4 - HC-KAR NC: 2025:KHC:44927 CP No. 334 of 2025 8. Petitioner may make use of the said facility and if necessary infrastructure is not available with the petitioner, she shall may seek the assistance from E-Sewa Kendra established in Court at Mandya and effectively participate in M.C.No.95/2024. 9. Moreover, said petition is for restitution of conjugal rights, the petitioner, if interested, can join the husband in the first date of hearing itself. 10. Further, if the petitioner intends to participate in M.C.No.95/2024 through video conferencing, learned Trial Judge at Devanahalli shall permit the petitioner to participate in the said proceedings through video conferencing. 11. With that observation, the following: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE CBC/List No.: 1 Sl No.: 28/CT:SS