Dismissed¶40

Mrs Avatntika S Raikar v. Sri Lathesh Shet T a

Karnataka HC14 Nov 2025CP/14/2025

Case brief

AI extract

What is this about?

Section 24 CPC transfer petition; transfer of matrimonial proceedings; Section 9 Hindu Marriage Act 1955 restitution of conjugal rights (M.C.No.245/2024, Family Court Shivamogga); Section 144 BNSS maintenance (Crl.Misc.435/2024, Family Court Belagavi); geographical distance and financial incapacity as transfer grounds rejected; video conferencing participation in family court; wife's transfer application dismissed; Family Court Shivamogga vs Belagavi; single-judge bench, Justice V Srishananda; HC-KAR NC 2025:KHC:46643.

What did the court decide?

Geographical distance and financial incapacity are no longer valid parameters for transfer of a case from one court to another, in view of the video conferencing facility. ¶36

Mrs Avatntika S Raikar Vs Sri Lathesh Shet T a — Maintenance and Alimony | Karnataka HC (2025)

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NC: 2025:KHC:46643 CP No. 14 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 14 OF 2025

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BETWEEN:

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MRS AVATNTIKA S RAIKAR, W/O MR. LATHESH SHET T.A., D/O SADANANDA RAIKAR, AGED ABOUT 25 YEARS, R/AT “SRIKRUPA”, 408/B, SAVARKAR ROAD, NEAR UNION BANK OF INDIA, TILAKWADI, BELGAUM-590 006.

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…PETITIONER (BY SRI. KAVERAPPA, ADVOCATE FOR SRI. YADUNANDAN N., ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka

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SRI LATHESH SHET T A, D/O ASHOK T.N, AGED ABOUT 28 YEARS, R/AT, #101, DEEPABHRATHI APARTMENT, SONGARKERI, THIRTHAHALLI-577432 SHIVAMOGGA DISTRICT, KARNATAKA.

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…RESPONDENT (BY SMT. ELIZABETH RODRIGUES., ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW M.C.NO.245/2024 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT AT SHIVAMOGGA, AND TRANSFER THE SAME TO THE PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI TO BE HEARD ALONGWITH CRL. MISC. 435/2024 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT AT BELAGAVI.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:46643 CP No. 14 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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Heard Sri.Kaverappa, learned counsel appearing for

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Sri.Yadunandan N, learned counsel for the petitioner.

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The petitioner/wife filed the present petition under Sections 24 of CPC with the following prayer.

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"PRAYER

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WHEREFORE, it is prayed that this Hon'ble Court May be pleased to withdraw MC No.245/2024 on the file of Prl. Judge, Family Court at Shivamogga and transfer the same to Principal Judge, Family court Belagavi to be heard along with Crl Misc 435/2024 pending on the file of Principal Judge, Family Court at Belagavi in the interest of justice and equity."

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Facts in the nutshell, which are of utmost necessary

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for disposal of the present petition are as under.

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Respondent/husband filed a petition under Section 9 of the Hindu Marriage Act, 1955, on the file of Family Court, Shivamogga, in MC No.245/2024 seeking restitution of conjugal rights.

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Wife, on the contrary, filed a Crl.Misc.No.435/2024 for maintenance, under Section 144 of BNSS. Wife is now seeking

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NC: 2025:KHC:46643 CP No. 14 of 2025

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HC-KAR

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transfer of proceedings from Shivamogga court to Belagavi on the ground of geographical distance and financial incapacity.

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Learned counsel for respondent is absent.

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Having heard the counsel for the petitioner, it is

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noticed that geographical distance and financial incapacity are no longer valid parameters for transfer of a case from one court to another, in view of video conferencing facility.

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The petitioner can very well avail such remedy and participate effectively before the court at Shivamogga.

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If petitioner files an application seeking permission to effectively participate in the pending matrimonial case at Shivamogga, learned judge in the Shivamogga Court can permit the petitioner to appear through video conferencing.

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With that direction following order.

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This civil petition is dismissed .

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Sd/(V SRISHANANDA) JUDGE

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AKV_List No.: 1 Sl No.: 32

Mrs Avatntika S Raikar v. Sri Lathesh Shet T a

Case brief

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What did the court decide?

Mrs Avatntika S Raikar v. Sri Lathesh Shet T a

Case brief

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