Dismissed¶45

Smt. Nischitha Shetty M .K @ Nischitha M.K v. Sri. Udayakumar K S

Karnataka HC3 Nov 2025CP/449/2024

Case brief

AI extract

What is this about?

Transfer of matrimonial case under Section 24 CPC refused; wife's convenience transfer petition dismissed; video conferencing participation permitted in lieu of transfer; M.C.No.72/2024; Addl. Senior Civil Judge and JMFC, Gubbi; Civil Judge (Sr. Dn.), Bhadravathi; dissolution of marriage; geographical distance and financial hardship; videoconferencing rules; Karnataka High Court; Justice V Srishananda; 2025.

What did the court decide?

No transfer ordered. The petitioner is to participate in M.C.No.72/2024 through video conferencing, and the Trial Judge at Gubbi shall permit her appearance by video conference upon her application. ¶45

Smt. Nischitha Shetty M .K @ Nischitha M.K Vs Sri. Udayakumar K S — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No transfer ordered. The petitioner is to participate in M.C.No.72/2024 through video conferencing, and the Trial Judge at Gubbi shall permit her appearance by video conference upon her application.

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Issue for consideration

Whether the matrimonial case M.C.No.72/2024 pending before the Addl. Senior Civil Judge and JMFC, Gubbi should be withdrawn and transferred to the Civil Judge (Sr. Dn.), Bhadravathi, in view of the petitioner-wife's geographical distance, financial difficulty and travel time.

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Court's answer

The civil petition under Section 24 CPC seeking withdrawal of M.C.No.72/2024 from Gubbi and its transfer to Bhadravathi is dismissed; no transfer is ordered.

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Ratio / Principle

As video conferencing facility is now available and parties can effectively participate in proceedings through videoconferencing in accordance with the videoconferencing rules, the petitioner may utilise the said facility to participate effectively in the pending matrimonial proceedings at Gubbi instead of a transfer.

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Key takeaways

If the petitioner files an application seeking permission to appear through videoconferencing, the learned Trial Judge at Gubbi shall allow the same and permit her to appear through video conference.ratio¶41
In a matter of this nature, early resolution of the dispute would put the parties at comfort besides all other ancillary difficulties.obiter¶35

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (V Srishananda, J.; oral order dated 03-11-2025) in Civil Petition No. 449 of 2024: The petitioner-wife sought, under Section 24 of the Code of Civil Procedure, withdrawal of M.C.No.72/2024 - the respondent-husband's case for dissolution of marriage pending before the Addl. Senior Civil Judge and JMFC, Gubbi - and its transfer to the Civil Judge (Sr. Dn.), Bhadravathi, pleading geographical distance, financial difficulty and travel time. The Court observed that early resolution would comfort the parties, noted that video conferencing is now available under the videoconferencing rules, and held that the petitioner could effectively participate in the Gubbi proceedings remotely; it further directed that if she applied for permission to appear through videoconferencing, the Trial Judge at Gubbi shall allow it. The respondent was served and unrepresented. Civil petition dismissed; transfer refused.

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NC: 2025:KHC:43988 CP No. 449 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 449 OF 2024

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BETWEEN:

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SMT. NISCHITHA SHETTY M.K. @ NISCHITHA M.K. W/O. SRI UDAYAKUMAR K.S. D/O. LATE KESHAVAMURTHY AGED ABOUT 26 YEARS, RESIDING AT EWS NO.1011, HOUSING BOARD COLONY, BOMMANAKATTE, BHADRAVATHI - 577 302

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…PETITIONER

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(BY SRI. VENKATESHA T.S., ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI 1. SRI. UDAYAKUMAR K.S. B S/O SRI SHIVANNA Location: High Court of AGED ABOUT 31 YEARS, Karnataka RESIDING AT KITTADAKUPPE VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMAKURU - 572 223

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…RESPONDENT

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(RESPONDENT SERVED, UNREPRESENTED)

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THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL PETITION UNDER SECTION 24 OF THE CIVIL

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NC: 2025:KHC:43988 CP No. 449 of 2024

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HC-KAR

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PROCEDURE CODE PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO WITH DRAW THE PETITION IN M.C.NO.72/2024 PENDING ON THE FILE OF THE COURT OF THE HON'BLE ADDL. SENIOR CIVIL JUDGE AND JMFC, GUBBI, AND TRANSFER THE SAME TO THE HONBLE CIVIL JUDGE, (SR. DN.) BHADRAVATHI, TO BE TRIED BY THE COURT OF THE CIVIL JUDGE, (SR.DN.) BHADRAVATHI, IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

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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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Heard Sri. Venkatesha T.S., learned counsel for

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the petitioner. Respondent is served and unrepresented.

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Present petition is filed under Section 24 of the

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Code of Civil Procedure with the following prayer:

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a. With draw the petition in M.C.No.72/2024 pending on the file of the Court of the Hon'ble Addl. Senior Civil Judge and JMFC, Gubbi, and transfer the same to the Hon'ble Civil Judge, (Sr. Dr.) Bhadravathi, to be tried by the Court of the Civil Judge, (Sr. Dn.) Bhadravathi, in the interest of justice.

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NC: 2025:KHC:43988 CP No. 449 of 2024

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HC-KAR

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Respondent/husband has filed a matrimonial case on the file of Addl. Senior Civil Judge and JMFC, Gubbi for dissolution of the marriage between the parties.

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Wife is expressing her inability to effectively participate in the matrimonial proceedings on account of geographical distance and financial difficulty and also having regard to the time that would be consumed for transport.

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In a matter of this nature, early resolution of the dispute would put the parties at comfort besides all other ancillary difficulties.

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In view of the fact that video conferencing facility is now made available and parties can effectively participate in any proceedings through videoconferencing in accordance with the videoconferencing rules, petitioner may utilize the said facility and effectively participate in the pending matrimonial proceedings on the file of Addl. Senior Civil Judge and JMFC, Gubbi.

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NC: 2025:KHC:43988 CP No. 449 of 2024

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HC-KAR

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