Dismissed¶49

Smt.Dhanushree B v. Sri.Harisha N

Karnataka HC6 Nov 2025CP/346/2025

Case brief

AI extract

What is this about?

Karnataka High Court; CP No. 346 of 2025; Justice V Srishananda; order dated 06-11-2025; Section 24 CPC transfer petition dismissed; M.C.No.52/2025 under Section 9 Hindu Marriage Act 1955 (restitution of conjugal rights) sought to be moved from Senior Civil Judge & JMFC Malur to Senior Civil Judge Anekal; grounds of geographical distance and financial incapacity held no longer valid due to video conferencing facility; petitioner permitted to appear via video conferencing on request to trial judge.

What did the court decide?

Geographical distance and financial incapacity are no longer good grounds to transfer a case from one court to another, in view of the availability of video conferencing facility. ¶38

Smt.Dhanushree B Vs Sri.Harisha N — Matrimonial and Divorce | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC:44930 CP No. 346 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF NOVEMBER, 2025

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE V SRISHANANDA

¶7

CIVIL PETITION NO. 346 OF 2025

¶8

BETWEEN:

¶9

SMT. DHANUSHREE B, W/O HARISHA N, AGED ABOUT 24 YEARS, RESIDING AT NO. 235, 3^RD CROSS, VAJPAYEENAGAR, KEMPUDOMMASANDRA CROSS, ANEKAL TALUK, BENGALURU DISTRICT – 562 106.

¶10

…PETITIONER

¶11

(BY SRI. ANANDA N., ADVOCATE)

¶12

AND:

¶13

Digitally signed by NAGAVENI Location: High Court of Karnataka

¶14

SRI. HARISHA N, S/O M.V.NARAYANASWAMY, AGED ABOUT 29 YEARS, R/AT MYLANDAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT – 563 125.

¶15

…RESPONDENT

¶16

THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC., PRAYING TO WITHDRAW M.C.NO.52/2025 FROM THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, MALUR AND TRANSFER THE SAME TO THE COURT OF SENIOR CIVIL JUDGE, ANEKAL, BENGALURU RURAL DISTRICT, FOR DISPOSAL IN ACCORDANCE WITH LAW.

¶17

¶18

NC: 2025:KHC:44930 CP No. 346 of 2025

¶19

HC-KAR

¶20

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

¶21

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

¶22

ORAL ORDER

¶23

Civil Petition under Section 24 of the Code of Civil

¶24

Procedure is filed with the following prayers:

¶25

"a) Withdraw M.C.No.52/2025 from the Court of the Senior Civil Judge & JMFC, Malur; and

¶26

b) Transfer the same to the Court of Senior Civil Judge, Anekal, Bangalore Rural District, for disposal in accordance with law; and

¶27

c) Pass such other order/s as deemed fit, including interim stay of proceedings in M.C.No.52/2025 pending disposal of this petition."

¶28

Heard Sri.Ananda N, learned counsel for the

¶29

petitioner. This Court did not deem fit to issue notice to the respondent.

¶30

Facts in nutshell which are utmost necessary for

¶31

disposal of the present petition are as under:

¶32

¶33

NC: 2025:KHC:44930 CP No. 346 of 2025

¶34

HC-KAR

¶35

(a) Respondent-husband has filed petition under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. Counsel for the petitioner submits that petitioner is residing in Anekal and is unable to attend Malur for effectively participating in the matrimonial case on account of financial difficulty and geographical distance.

¶36

(b) Further Sri.Ananda N, learned counsel for the petitioner submits that the petitioner is willing to join the respondent.

¶37

Geographical distance and financial incapacity are

¶38

no longer good grounds to transfer a case from one Court to another in view of the video conferencing facility.

¶39

If the petitioner is willing to join the husband, she can go to the Malur Court on the next date of hearing and express her willingness so that necessary orders would be passed by the learned trial Judge.

¶40

¶41

NC: 2025:KHC:44930 CP No. 346 of 2025

¶42

HC-KAR

¶43