Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46701 CP No. 357 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. 357 OF 2025 BETWEEN:
1. SMT.NIRMALA W/O NAGARAJNAYAK, D/O JANARDHANHULEKAL, AGED ABOUT 32 YEARS, RESIDING AT NO.35, 1ST A MAIN ROAD CAUVERY LAYOUT, NAGARABHAVI MAIN ROAD, VIJAYANAGAR, BANGALORE - 560 078. …PETITIONER (BY SRI. KUMAR DYAVAPATNA, ADVOCATE) AND:
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SRI NAGRAJ S/O UMAKANT NAYAK AGE 33 YEARS, RESIDING AT KATYANI BANESHWAR KRUPA MARUTHI TEMPLE, BIDTUL BAAG, SADASHIVGAD, KARWAR, UTTARA KARNATAKA - 581 352. …RESPONDENT (BY SRI. GIRISH M. PATIL, ADVOCATE (VC)) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:46701 CP No. 357 of 2025
THIS CP IS FILED UNDER SECTION 28 OF CPC, PRAYING TO WITHDRAW THE PETITION IN MC.NO.27/2025 FILED BY THE RESPONDENT THEREIN AGAINST THE PETITIONER FOR DIVORCE, PENDING BEFORE THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT KARWAR VIDE ANNEXURE D AND TRANSFER THE SAME TO THE HONBLE PRINCIPAL FAMILY COURT AT BANGALORE FOR DISPOSAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER
1. Heard Sri. Kumar Dyavapatna, learned counsel for the petitioner and Sri. Girish M. Patil, learned counsel for the respondent.
2. Present petition under Section 24 of the Code of Civil Procedure with the following prayer : ”Withdraw the petition in M.C.No.27/2025 filed by the Respondent herein against the petitioner for divorce, pending before the Hon'ble Principal Senior Senior Civil Judge and CJM at Karwar, vide Annexure-D and transfer
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HC-KAR NC: 2025:KHC:46701 CP No. 357 of 2025 the same to the Hon'ble Principal Family Court at Bangalore for disposal in the interest of justice and equity."
3.
Facts of the case which are utmost necessary for disposal of the petition are as under ; 3.1 Matrimonial relationship between the parties stood strained resulting in respondent/husband filing a petition for divorce on the file of Principal Senior Civil Judge, Karvar.
4. Wife is seeking transfer of the petition to Family Court, Bangalore on the ground of geographical distance as well as the financial constraints.
5. Counsel for respondent opposes the transfer grounds.
6. 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:46701 CP No. 357 of 2025 one Court to another Court in view of the video conferencing facility.
7. If the petitioner files an application before the Trial Court at Karvar seeking permission to appear through video conferencing, learned Trial Judge shall allow the petitioner to appearing through video conferencing.
8. With that observation, the following Order:
ORDER
Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC ct:SG List No.: 1 Sl No.: 40