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2025 DAILYLAW 40502 (KAR)

SMT.MHALASA PAI v. SRI.GIRISH SHYANBHAG

CP/308/2025 · 2025-11-04

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:44728 CP No. 308 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 308 OF 2025 BETWEEN: 1. SMT.MHALASA PAI W/O GIRISH SHYANBHAG, AGED ABOUT 28 YEARS, R/AT VIRABHADRA GALLI SIRSI - 581 401 …PETITIONER (BY SRI. SUBHASH R., ADVOCATE FOR SRI. MANOJ KUMAR J.Y., ADVOCATE) AND: 1. SRI. GIRISH SHYANBHAG S/O NARASIMHA SHYANBHAG, AGED ABOUT 33 YEARS R/AT FLAT NO. 104, SURYA KIRAN RESIDENCY, ITI EMPLOYEES LAYOUT, ANNAPURNESHWARI NAGAR, BENGALURU - 560 091 …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER THE PETITION FILED BY THE RESPONDENT IN M.C.NO.7756/2024 ON THE FILE OF THE HONBLE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO ANY COMPETENT COURT IN SIRSI IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44728 CP No. 308 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard. 2. Petitioner filed petition under Section 24 of the Code of Civil Procedure with the following prayer:- "Wherefore, it is prayed that this Hon'ble Court be pleased to transfer the petition filed by the respondent in M.C No.7756/2024 on the file of the Hon'ble Principal Judge, Family Court at Bengaluru to any competent Court in Sirsi in the interest of justice and equity". 3. This Court did not deem it to issue fresh notice to the respondent as process fee is not paid by the petitioner. 4. Respondent/husband filed a matrimonial case in M.C. No.7756/2024 for the relief of restitution of Conjugal Rights whereas wife has filed the matrimonial case in M.C. No.96/2024 for Dissolution of marriage. 5. Case filed by the husband is before the Family Court, Bangalore whereas wife has filed the case before the Court at Sirsi. - 3 - HC-KAR NC: 2025:KHC:44728 CP No. 308 of 2025 6. Wife is seeking the transfer of this petition filed by the husband on the ground of geographical distance and financial incapacity. 7. Those grounds are no longer available for consideration in view of the fact that petitioner/wife can utilise the video conferencing facility. 8. If the petitioner files necessary application before the Trial Court, Bangalore, Learned Trial Judge shall allow the said application and permit the wife to appear through video conference. 9. With that observation following:- ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE VS List No.: 2 Sl No.: 1 CT-SG