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2025 DAILYLAW 89135 (KAR)

SMT SOUNDARYA D v. SRI NAVEEN DEEP A

CP/365/2025 · 2025-11-10

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45577 CP No. 365 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.365 OF 2025 BETWEEN: SMT SOUNDARYA D W/O NAVEEN DEEP A AGE ABOUT 28 YEARS, RESIDING AT THYAGARAJA NAGARA, CHALLAKERE TALUK, CHITRADURGA DISTRICT – 577522 …PETITIONER (BY SRI N. SRINIVAS, ADVOCATE) AND: SRI NAVEEN DEEP A S/O LATE ANJANEYA AGED ABOUT 28 YEARS, OCCUPATION : K S I S F, POLICE DEPARTMENT, PERMANENT RESIDENT OF KATANAYAKANAHALLI VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT- 577522 NOW RESIDING AT 1ST CROSS, GUNDAPPA SHED, NEAR AYYAPPA SWAMY TEMPLE, SHIVAMOGGA - 577 232 …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CP IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE, PRAYING TO TRANSFER M.C.No.93/2025 ON THE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45577 CP No. 365 of 2025 FILE OF HON’BLE COURT OF PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, TO HON’BLE COURT OF SENIOR CIVIL JUDGE, AND JMFC, CHALLAKERE, 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 The present petition is filed by the wife/petitioner under Section 24 CPC with the following prayer : “WHEREFORE, the petitioner most humbly prays that this Hon’ble Court be pleased to transfer M.C.No.93/2025 on the file of Hon’ble Court of Principal Judge, Family Court, Shivamogga, to Hon’ble Court of Senior Civil Judge & JMFC., Challakere, in the interest of justice and equity.” 2. Facts of the case which are utmost necessary for disposal of the petition are as under: 3. Matrimonial relationship between the Petitioner and the respondent stood strain resulting in husband filing a divorce petition before the Family Court, Shivamogga in M.C.No.93/2025. - 3 - HC-KAR NC: 2025:KHC:45577 CP No. 365 of 2025 4. Wife/petitioner has filed a petition under Section 9 of the Hindu Marriage Act, seeking restitution of conjugal rights before the Civil Judge, Senior Division at Challakere. 5. Wife/petitioner is unable to attend Shivamogga on account of geographical distance and the financial incapacity and therefore, seeking transfer of the pending proceedings from Shivamogga to Challakere. 6. Question of geographical distance and financial difficulty are no longer valid parameters to transfer a case from one Court to another Court any longer. 7. In view of the Video Conferencing facility, petitioner can very well effectively appear in the matrimonial case filed by the husband for divorce. 8. In the Court at Shivamogga, if any such request is made by the wife/petitioner, learned trial Judge at Family Court, Shivamogga shall permit the wife/petitioner to appear through Video Conferencing. 9. With that direction, following order is passed: ORDER (i) Civil Petition is dismissed. - 4 - HC-KAR NC: 2025:KHC:45577 CP No. 365 of 2025 (ii) No order as to costs. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 41