- 1 - HC-KAR NC: 2025:KHC:46969 CP No. 98 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 98 OF 2025 BETWEEN: SMT DEEPIKA N W/O UMESH NAIK C/O NAGENDRA NAIK, AGED ABOUT 30 YEARS, R/AT NO.404/144, BASAVASADHANA, 2ND MAIN, 3RD CROSS, JAYANAGARA B BLOCK, DAVANAGERE - 577 004. …PETITIONER (BY SRI. G.J.SUNKAPUR, ADVOCATE) AND: SRI. UMESH N., S/O NAGARAJU, AGED ABOUT 35 YEARS, POLICE CONSTABLE, VINOBHANAGAR STATION, HOME NO.67, DAR QUATRESS, SHIVAMOGGA- 577 201. …RESPONDENT (BY SRI. H. MALATESH, ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE CASE IN M.C. NO. 388/2024 ON THE FILE OF HONBLE PRL. JUDGE, FAMILY COURT AT SHIVAMOGGA TO THE FILE OF HONBLE FAMILY COURT AT DAVANAGERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46969 CP No. 98 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.G.J.Sunkapur, learned counsel for petitioner and Sri.H.Malatesh, learned counsel for respondent. 2. Wife has filed the present petition under Section 24 CPC with the following prayer: "WHEREFORE, the Petitioner humbly prays that this Hon'ble Court may be pleased to pass an order to: a. To Transfer the Case in M.C.388/2024 on the file Hon'ble Prl. Judge, Family Court at Shivamogga to the file of Hon'ble Family Court at Davanagere." 3. Parties were referred to mediation, but there was no successful mediation between the parties. 4. Facts in a nutshell which are utmost necessary for disposal of the present petition are as under: Respondent-husband has filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights on the file of the Prl. Judge, Family Court, Shivamogga. Wife is seeking the said petition to be - 3 - HC-KAR NC: 2025:KHC:46969 CP No. 98 of 2025 transferred to Davanagere on the ground of financial incapacity and geographical distance. 5. Geographical distance and financial incapacity are no longer good parameters for transfer of a case from one Court to another Court in view of video conferencing facility. 6. Accordingly, the prayer of the petitioner cannot be granted. If the petitioner files an application seeking permission to effectively participate in the said matrimonial case before Shivamogga Court through video conferencing, the learned trial judge shall permit the petitioner to do so. With that direction, following: ORDER Petition is dismissed. SD/- (V SRISHANANDA) JUDGE SBN List No.: 1 Sl No.: 25