Smt v Lakshmi Vs Sri S Anil Kumar — Dowry and Cruelty | Karnataka HC (2025)

Smt v Lakshmi Vs Sri S Anil Kumar — Dowry and Cruelty | Karnataka HC (2025)

1 - NC: 2025:KHC:51527 CP No. 393 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 393 OF 2025

BETWEEN:

SMT V LAKSHMI W/O. S. ANIL KUMAR, D/O SRL. VENKATESH, AGED ABOUT 35 YEARS, YOGA PRACTITIONER, R/AT NO.40, 7^TH CROSS, 1^ST PHASE, VIJAYANAGARA 4^TH STAGE, MYSURU - 570 017

…PETITIONER

(BY SRI. SANCHAN JAINANDAN, ADVOCATE FOR SRI. BALAKRISHNA SHASTRY G., ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

SRI S ANIL KUMAR S/O. SRI.K.H.SHIVANNA, AGED ABOUT 42 YEARS, R/AT NO.3356, 40^TH MAIN ROAD, KUMARASWAMY LAYOUT, BENGALURU - 560 078

…RESPONDENT

(BY SRI. N. VAGEESH, ADVOCATE

(VAKALATH NOTIFIED ) (VIDE ORDER DATED 03.12.2025)

THIS CP IS FILED UNDER 24(1)(b) OF THE CPC, PRAYING TO WITHDRAW THE CASE IN M.C.NO.4639/2025 FROM THE

2 -

NC: 2025:KHC:51527 CP No. 393 of 2025

HC-KAR

FILE OF HONBLE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND TRANSFER THE SAME TO THE PRINCIPAL JUDGE, FAMILY COURT AT MYSURU CITY TO BE TRIED BY THE FAMILY COURT AT MYSURU.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri. Sanchan Jainandan, learned counsel

for the petitioner representing Sri. Balakrishna Shastry G., and Sri. N. Vageesh, learned counsel for the respondent.

Present Petitioner is filed by the wife under

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

"WHEREFORE, it is prayed that this Hon'ble Court be pleased to -

(i) Withdraw the case in M.C.NO.4639/2025 from the file of Hon'ble VI Addl. Prl. Judge, Family Court, Bengaluru and transfer the same to the Principal Judge, Family Court tat Mysuru City to be tried by the Family Court at Mysuru.

3 -

NC: 2025:KHC:51527 CP No. 393 of 2025

HC-KAR

Facts in brief which are not utmost necessary

for the disposal of the present petition are as under:

3.1 On account of the strained matrimonial

relationship between the parties, respondent/husband has filed a petition for divorce on the file of Family Court at Bangalore in MC No.4639/2025.

Wife is seeking the transfer of the said case

from Bangalore to Mysore on account of geographical distance and financial incapacity.

It is also contented that the criminal case is filed in Mysore in C.C. No.308/2025 for the offence under Dowry Prohibition Act. Therefore the husband is attending in the said criminal case and as such he can very well participate in the matrimonial case if it is transferred to Bangalore.

Grounds of transfer are opposed by the learned

counsel for the respondent.

4 - NC: 2025:KHC:51527 CP No. 393 of 2025

HC-KAR

Having taken note of the fact that the

geographical distance and financial incapacity are no longer valid parameters for transfer of the pending case from one Court to another Court in view of video conferencing facility, the prayer is to be rejected. Likewise pending criminal case is not a ground for granting the prayer of petition.

However if the wife makes an application to

appear before the Court at Bangalore through video conferencing, same shall be allowed by the learned Trial Judge at Family Court, Bangalore.

With that direction, following order :

ORDER

Civil Petition is dismissed .

Sd/(V SRISHANANDA) JUDGE

SNC