- 1 - HC-KAR NC: 2026:KHC:15815 CP No. 24 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 24 OF 2026 BETWEEN: MRS. DR. PREEMA D'SA, AGED 35 YEARS, D/O PASCAL WALTER D'SA, W/O PRITISH BURTON DSA, R/AT 101 TOWER C, NORTHERN SKY CITY PUMPWELL, UJJODI, MANGALORE - 575 002. …PETITIONER (BY SRI.P.P.HEGDE, SENIOR COUNSEL FOR SRI. GANAPATHI BHAT., ADVOCATE) AND: MR. PRITISH BURTON D'SA, AGED 35 YEARS, S/O. LATE FRANSIS D'SA, RESIDING AT DOOR NO.3/44, SHALOM, MAIN ROAD, MOODUBELLE, KAUP TALUK, UDUPI DISTRICT - 576 120. …RESPONDENT (BY SRI.ASHWIN JOYSTON KUTINHA, ADVOCATE AND SRI. RENSPRE PRITHESH DSOUZA., ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS AN ORDER TRANSFERRING THE CASE, NOW PENDING Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15815 CP No. 24 of 2026 IN MC.NO.264/2025 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT AT UDUPI TO THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, MANGALORE FOR DISPOSAL IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER Heard the arguments of both sides. 2. This civil petition is filed by the wife for transfer of M.C.No.264/2025 filed by the husband for divorce before the Principal Judge, Family Court at Udupi to the Court of Principal Judge, Family Court at Mangalore. 3. The petitioner has filed Crl.Misc No.47/2025 under Section 12 of the PWDV Act, 2005 before the JMFC III Court, Mangalore, on 27.05.2025. She is residing along with her minor child, aged three years. It is stated that she is working as a Senior Resident in the Department of - 3 - HC-KAR NC: 2026:KHC:15815 CP No. 24 of 2026 Nephrology at Yenepoya and is permanently settled in Mangalore. She is unable to attend the Court at Udupi by taking frequent leave from her employer. The distance between Mangalore and Udupi is about 54 kilometres. 4. In the objections filed by the respondent, it is stated that he is working as a Chartered Accountant and is suffering from a chronic slip disc and severe sciatica. As such, he cannot undertake prolonged travel. It is further stated that the petitioner frequently travels to Udupi and Shirva, as her parents are residing there and her mother is also undergoing treatment in Udupi and she has relocated to Mangalore on her own. He has further stated that he is residing with his mother, who is also suffering from ailments including vertigo and requires constant medical attention. But in the medical certificate enclosed with the objections, it was specifically stated that she has been diagnosed with severe depression. - 4 - HC-KAR NC: 2026:KHC:15815 CP No. 24 of 2026 5. Learned counsel for the appellant stated that the respondent is already attending the Court proceedings at Mangalore in Crl.Misc.No.47/2025 and this Family Court is also situated within the same premises. Therefore, he may be permitted to pursue the litigation through video conferencing. Learned counsel for the respondent stated that the Family Court at Mangalore has video conferencing facility. Therefore, both the petitioner and the respondent are financially sound and can travel a short distance of 54 kilometers by car and it is not inconvenient for either of them. However, considering the fact that the petitioner is residing with a minor child and is also working as a Senior Resident, this Court finds it reasonable to transfer M.C.No.264/2025 from the Court of Principal Judge, Family Court at Udupi, to the Court of Principal Judge, Family Court at Mangalore. 6. The Family Court is specifically directed not to insist on the personal presence of the respondent unless there is any specific requirement. He is at liberty to file his - 5 - HC-KAR NC: 2026:KHC:15815 CP No. 24 of 2026 chief affidavit and he can be cross-examined through a Commissioner or by way of video conferencing facility. With these observations, the Civil Petition is allowed. In view of the dismissal of the main petition, the interlocutory application for stay is closed. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 32