Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46694 CP No. 315 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 315 OF 2025 BETWEEN:
1.
ANUSHA K.
AGED 25 YEARS W/O MADHU K.L.
R/AT NO.2-12, RENJABALI HOUSE SHANTHI NAGARA, HERMUNDE POST - 574 101 KARKALA TALUK, UDUPI DISTRICT. …PETITIONER (BY SRI. SUDESH KUMAR ACHARYA, ADVOCATE) AND:
1.
MADHU K.L.
AGED 32 YEARS S/O LOKAPPA R/AT KOLAVALLI ROAD, KOLAVALLI VILLAGE, HUNCHA HOBLI, POST THARIGA - 577 418 HOSANAGAR TALUK SHIVAMOGGA DISTRICT …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:46694 CP No. 315 of 2025
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO ALLOW THE CIVIL REVISION BY AN ORDER OF TRANSFER OF MATRIMONIAL CASE IN MC NO.23/2025 ON THE FILE OF COURT OF SENIOR CIVIL JUDGE AND JMFC, HOSANAGAR, SHIVAMOGGA, TO THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE (FAMILY COURT) AT KARKALA, 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. Sudesh Kumar Acharya, learned counsel for the petitioner. Respondent is served and unrepresented.
2. Present petition is filed by the wife against her husband under Section 24 of the Code of Civil Procedure with the following prayer:
"Wherefore, respectfully prays that this Hon'ble Court be pleased to allow the Civil Petition by an order of transfer of Matrimonial case in MC No.23/2025 on the file
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HC-KAR NC: 2025:KHC:46694 CP No. 315 of 2025 of the Court of the Senior Civil Judge and JMFC Hosanagar, Shivamogga to the Court of the Principal Senior Civil Judge (Family Court) at Karkala, in the interest of justice and equity."
3.
Facts in brief which are utmost necessary for disposal of the present petition are as under : 3.1 Respondent has filed a matrimonial case under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights on the ground that without proper reasons, wife has left his company. Said case is pending on the file of Civil Judge (Senior Division) Hosanagara.
4. Petitioner is seeking the same to be transferred to the Civil Judge (Senior Division) at Karkala as he is resident of Karkala, assigning the financial difficulty and geographical distance.
5. It is now settled principles of law that geographical distance and financial constraints are no longer valid parameters for transfer of proceedings from
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HC-KAR NC: 2025:KHC:46694 CP No. 315 of 2025 one Court to another Court in view of the video conferencing facility.
6. If the petitioner files an application before the Court at Hosanagara seeking permission to appear through video conferencing, learned Trial Judge shall allow the petitioner to appearing through video conferencing.
7. With that observation, the following Order:
ORDER
Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 37