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2025 DAILYLAW 89325 (KAR)

SMT. POORNIMA, v. R SHYAM SWAROOP

CP/223/2025 · 2025-11-10

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46698 CP No. 223 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. 223 OF 2025 BETWEEN: 1. SMT. POORNIMA, W/O SHYAM SWAROOP R, AGED ABOUT 35 YEARS, D/O PUTTARAMAIAH, SRI RANGA NILAYA, YADAVANAGARA, OPP., SERICULTURE OFFICE, GEDDALAHALLI MAIN ROAD, SOMESHWARAPURAM, TUMKUR - 572 102. …PETITIONER (BY SRI. RAGHAVENDRA A.S., ADVOCATE) AND: 1. R SHYAM SWAROOP AGED ABOUT 39 YEARS, RESIDING AT 36651, GRAND RIVER, AVE APT NO. 201, FARMINGTON, MICHIGAN, 48335 - USA REPRESENTED BY HIS SPA HOLDER SMT. LALITHA W/O LATE RAJASHEKAR, AGED ABOUT 58 YEARS, RESIDING AT NO.30, 1ST MAIN ROAD, KASTURBA NAGAR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46698 CP No. 223 of 2025 MYSORE ROAD, BENGALURU - 560 026 …RESPONDENT (BY SRI. SURESH C.S., ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PETITION M.C.NO.3859/2024 FILED BY RESPONDENT BEFORE THE 2ND ADDITIONAL JUDGE FAMILY COURT AT BENGALURU, TO THE IST ADDITIONAL FAMILY COURT AT TUMKUR WHERE PETITIONER CRL.MISC.NO.174/2024 IS PENDING CONSIDERATION AND TO PASS SUCH OTHER ORDERS AS THIS COURT DEEMS FIT IN THE INTERESTS OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Arrears of maintenance in a sum of Rs.1,20,000/- by way of a demand draft tendered by the respondent to the petitioner. 2. However with regard to the calculation of the arrears of maintenance there is some dispute. - 3 - HC-KAR NC: 2025:KHC:46698 CP No. 223 of 2025 3. It is for the parties to work out what exactly is the amount due and if any further arrears is there respondent is directed to pay the same. 4. Heard on merits of the matter. 5. Present petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: "Wherefore the petitioner prays this Hon'ble Court may kindly pass an Order to transfer the petition M.C.No.3859/2024 filed by respondent before the 2nd Addl. Prl. Judge, Family Court at Bengaluru, to the 1st Addl. Family Court at Tumkur where petitioner's Crl. Misc. No.174/2024 is pending consideration and to pass such other orders as this Court deems fit in the interest of justice. 6. Wife/Petitioner has filed the present transfer petition against her husband seeking transfer of matrimonial case filed for divorce in M.C No.3859/2024 on the file of Family Court, Bangalore to I Additional Family Court, Tumkur, where the wife has already filed a petition for maintenance in C.Misc. No.174/2024. - 4 - HC-KAR NC: 2025:KHC:46698 CP No. 223 of 2025 7. Wife has expressed her inability to attend the Court at Bangalore on every date of hearing on account of financial difficulty and distance to be traveled. 8. Counsel for the respondent opposes the transfer grounds. 9. It is now settled principles of law that geographical distance and financial constraints are no longer valid parameters for transfer of proceedings from one Court to another Court in view of the video conferencing facility. 10. If the petitioner files an application before the Trial Court at Family Court, Bangalore seeking permission to appear through video conferencing, learned Trial Judge shall allow the petitioner to appear through video conferencing. - 5 - HC-KAR NC: 2025:KHC:46698 CP No. 223 of 2025 11. With that observation, the following Order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC CT:SG List No.: 1 Sl No.: 33