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2025 DAILYLAW 89938 (KAR)

SMT BRUNDA M T v. SRI MANU H

CP/354/2025 · 2025-12-11

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52462 CP No. 354 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. 354 OF 2025 BETWEEN: SMT. BRUNDA M T D/O THIMME GOWDA AGE ABOUT 27 YRARS R/O MUDALAMELAHALLI, KASABA HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT - 571 448. …PETITIONER (BY SRI. YOGEESHA M.R, ADVOCATE) AND: SRI. MANU H S/O HONGEGOWDA AGE ABOUT 34 YEARS C/O B.T. SHIVANNA CHOWDESHWARYNILAYA NO. 77/2, 7TH CROSS, 17TH MAIN J.C. NAGAR, KURUBARA HALLI BANGALORE - 560 086. …RESPONDENT THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PETITION IN MC.NO.34/2025 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE OF FIRST CLASS, TURUVEKERE AND TRANSFER THE SAME TO BE TRIED BY THE PRINCIPAL JUDGE, FAMILY Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52462 CP No. 354 of 2025 COURT, BENGALURU 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.Yogeesha M. R., 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: “The view of the facts and circumstances of the case, it is hereby prayed that this Hon’ble Court be pleased to pass necessary orders i. Transfer the petition in MC No.34/2025 pending on the file of the Senior Civil Judge and Judicial Magistrate of First Class, Turuvekere and transfer the same to be tried by the Principal Judge Family Court, Bengaluru in the interest of justice. - 3 - HC-KAR NC: 2025:KHC:52462 CP No. 354 of 2025 ii. To grant leave for the petitioner to attend and contest petition M.C.No.5042/2025 for restitution of conjugal rights under Section 9 of HMA 1955 at Principal Judge, Family Court, Bengaluru. iii. Pass any other order or direction as this Hon’ble Court deems fit in view of the facts and circumstances of the case, in the interest of justice and equity.” 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: On account of strained matrimonial relationship, husband has filed a petition for divorce on the file of Senior Civil Judge and JMFC, Turuvekere in MC No.34/2025, whereas wife has filed a petition for restitution of conjugal rights in Family Court, Bengaluru. 4. Now the wife is seeking transfer of the petition for divorce from Turuvekere to Family Court, Bengaluru to - 4 - HC-KAR NC: 2025:KHC:52462 CP No. 354 of 2025 be tried along with the petition filed by the wife for restitution of conjugal rights. 5. She also expresses that her inability to move to Turuvekere on account of the COVID-19 complications in her health and there is a removal of portion of the hip bone. She further expresses the difficulty on the ground of geographical distance and financial incapacity. 6. Having noted the grounds urged in the petition, this Court is of the considered opinion that the reasons assigned by the wife seeking transfer of the petition from Turuvekere to Bengaluru is totally uncalled for in view of the video conferencing facility. 7. If the wife files an application before the Court at Turuvekere to participate effectively in the divorce petition filed by the husband through videoconference, learned Trial Judge shall permit the wife to appear through videoconference. - 5 - HC-KAR NC: 2025:KHC:52462 CP No. 354 of 2025 8. With that direction, following: ORDER Petition stands dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 28