IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 232 OF 2025 BETWEEN:

1. SMT. MONIKA W/O.MADHUA D/O. RAVINAIK AGED ABOUT 20 YEARS, R/AT. CHOWDANAYAKANAKOPPA VILLAGE, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT - 577 427.

…PETITIONER (BY SRI. VASANTH KUMAR, ADVOCATE FOR SRI. SRIKANTH PATIL K., ADVOCATE)

AND:

1. SRI MADHU Digitally S/O. SHATHANAIK, signed by AGED ABOUT 32 YEARS, MALATESH R/AT.MADENAHALLI VILLAGE K C CHANNAGIRI TALUK Location:

HIGH DAVANAGERE DISTRICT-577213.

COURT OF …RESPONDENT KARNATAKA (BY SRI. SRIDHAR, ADVOCATE)

THIS CP IS FILED U/S. 24 OF CPC ., PRAYING TO TRANSFER MC NO.2/2025 FROM THE FILE OF FILED BY THE RESPONDENT BEFORE THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, DAVANAGERE, AND DIRECT THE SENIOR CIVIL JUDGE AND JMFC, AT SHIKARIPURA TO ADJUDICATE/TRY THE SAID M.C. NUMBER ON THE MERITS OF THE CASE AND DECIDE THE MATTER ON MERITS AT CHANNAGIRI, 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

1. Heard Sri. Vasanth Kumar for Sri. Srikanth Patil K., learned counsel for the petitioner and Sri. Sridhar, learned counsel for the respondent.

2. Wife has filed the present petition under Section

24 of the Code of Civil Procedure against her husband with the following prayer:

"(i) Call for records in M.C.No.2/2025 filed by the respondent before the Senior Civil Judge & JMFC, Channagiri, Davanagere, against the petitioner herein seeking for Divorce under the Hindu Marriage Act.

(ii) Transfer M.C.No.2/2025 from the file of filed by the respondent before the Senior Civil Judge and JMFC, CHannagiri, Davanagere and direct the Senior Civil Judge and JMFC at Shikaripura to adjudicate / try the said MC Number on the merits of the case and decide the matter on merits at Channagiri, in the interest of justice and equity."

3. Facts in brief which are utmost necessary for disposal of the present petition are as under :

3.1 Matrimonial relationship between the parties stood strained and wife has filed a petition under Section 125 of the Code of Criminal Procedure seeking maintenance in C.Misc. No.279/2024 on the file of Civil Judge, Shikaripura.

3.2 Whereas the husband has filed a petition for restitution of conjugal rights on the file of Civil Judge (Senior Division), Channagiri in M.C. No.2/2025.

4. Wife is now seeking transfer of the said petition for restitution of conjugal rights from Channagiri to Shikaripura on the ground of financial constraints and geographical distance.

5. Counsel for the 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 one Court to another Court in view of the video conferencing facility.

7. If the petitioner files an application before the Trial Court at Davanagere 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.: 34