- 1 - HC-KAR NC: 2025:KHC:52464 CP No. 414 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 414 OF 2025 BETWEEN: SMT. SHOBHA K.T, W/O SHIVARAJ C.S, AGE ABOUT 29 YEARS HOUSE WIFE R/O ADOKSHAJA NILAYA, NEAR AKSHARA P.U. COLLEGE AKSHARA BADAVANE, 2ND CROSS SAVALANGA ROAD, SHIVAMOGGA TOWN, SHIVAMOGGA TQ AND DIST. - 577 201. …PETITIONER (BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE) AND: SHIVARAJ C.S, S/O SEVYANAIK AGE ABOUT 33 YEARS AGRICULTURILST R/O CHIKKANAGAL VILALGE AND POST BIRUR HOBLI - 563 101, KADUR TQ, CHIKKAMAGALUR DIST., …RESPONDENT THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE M.C.NO.82/2025 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT KADUR, AND SAME IS TRANSFER Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52464 CP No. 414 of 2025 TO PRINCIPAL JUDGE FAMILY COURT AT SHIVAMOGGA, AND PASS ANY OTHER SUITABLE ORDERS DEEMS FIT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, 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 Heard Sri.Halli Shantappa Basappa, learned counsel for the petitioner. This Court did not deem it fit to issue notice to the respondent. 2. Petition is filed by the wife under Section 24 of CPC seeking following relief: “Wherefore, it is respectfully prayed that this Hon’ble Court may kindly be pleased to withdraw the MC No.82/2025 on the file of Senior Civil Judge and JMFC, Kadur and same is transfer to Principal Judge Family Court at Shivamogga and pass any other suitable order/s deems fit on the facts and circumstances of the case, in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:52464 CP No. 414 of 2025 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 3.1. On account of the strained matrimonial relationship, parties are living separately. Husband has filed a petition for restitution of conjugal rights on the file of Senior Civil Judge, Kadur in M.C.No.82/2025. 3.2. Wife is residing in Shivamogga with a young child of one year. She has expressed her inability to effectively participate before the Court at Kadur on account of financial incapacity and young child of one year being reared by her and on the geographical distance. 4. Having noted the grounds urged in the petition, this Court is of the considered opinion that geographical distance and financial incapacity are no longer valid parameters to accept the request of the wife to transfer the pending proceedings from Kadur to Shivamogga in view of the video conferencing facility. - 4 - HC-KAR NC: 2025:KHC:52464 CP No. 414 of 2025 5. If the wife files an application seeking permission to appear and effectively participate in the matrimonial proceedings at Kadur through video conferencing, such an application shall be allowed by the learned Trial Judge at Kadur. 6. With the above observation, following: ORDER Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 31