Smt Soundarya D Vs Sri Naveen Deep a

SRI NAVEEN DEEP A S/O LATE ANJANEYA AGED ABOUT 28 YEARS, OCCUPATION : K S I S F, POLICE DEPARTMENT, PERMANENT RESIDENT OF KATANAYAKANAHALLI VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT- 577522 NOW RESIDING AT 1^ST CROSS, GUNDAPPA SHED, NEAR AYYAPPA SWAMY TEMPLE, SHIVAMOGGA - 577 232

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…RESPONDENT

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(RESPONDENT IS SERVED AND UNREPRESENTED)

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THIS CP IS FILED UNDER SECTION 24 OF CODE OF CIVIL

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PROCEDURE, PRAYING TO TRANSFER M.C.No.93/2025 ON THE

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NC: 2025:KHC:45577 CP No. 365 of 2025

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HC-KAR

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FILE OF HON’BLE COURT OF PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, TO HON’BLE COURT OF SENIOR CIVIL JUDGE, AND JMFC, CHALLAKERE, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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The present petition is filed by the wife/petitioner under Section 24 CPC with the following prayer :

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“WHEREFORE, the petitioner most humbly prays that this Hon’ble Court be pleased to transfer M.C.No.93/2025 on the file of Hon’ble Court of Principal Judge, Family Court, Shivamogga, to Hon’ble Court of Senior Civil Judge & JMFC., Challakere, in the interest of justice and equity.”

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Facts of the case which are utmost necessary for

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disposal of the petition are as under:

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Matrimonial relationship between the Petitioner and the respondent stood strain resulting in husband filing a divorce petition before the Family Court, Shivamogga in M.C.No.93/2025.

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NC: 2025:KHC:45577 CP No. 365 of 2025

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HC-KAR

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Wife/petitioner has filed a petition under Section 9

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of the Hindu Marriage Act, seeking restitution of conjugal rights before the Civil Judge, Senior Division at Challakere.

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Wife/petitioner is unable to attend Shivamogga on account of geographical distance and the financial incapacity and therefore, seeking transfer of the pending proceedings from Shivamogga to Challakere.

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Question of geographical distance and financial difficulty are no longer valid parameters to transfer a case from one Court to another Court any longer.

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In view of the Video Conferencing facility, petitioner

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can very well effectively appear in the matrimonial case filed by the husband for divorce.

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In the Court at Shivamogga, if any such request is made by the wife/petitioner, learned trial Judge at Family Court, Shivamogga shall permit the wife/petitioner to appear through Video Conferencing.

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