Dismissed¶36

Smt.Mhalasa Pai v. Sri.Girish Shyanbhag

Karnataka HC4 Nov 2025CP/308/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Civil Petition No. 308 of 2025; NC: 2025:KHC:44728; V Srishananda, J.; decision dated 04-11-2025; Section 24 CPC transfer petition by wife; cross-matrimonial cases M.C. No.7756/2024 (restitution of conjugal rights, Family Court Bengaluru) and M.C. No.96/2024 (dissolution of marriage, Sirsi); grounds of geographical distance and financial incapacity rejected in view of video conferencing facility; direction to Trial Court Bangalore to permit wife's appearance via video conference on application; civil petition dismissed.

What did the court decide?

The grounds of geographical distance and financial incapacity are no longer available for consideration, since the petitioner/wife can utilise the video conferencing facility. ¶32

Smt.Mhalasa Pai Vs Sri.Girish Shyanbhag — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:44728 CP No. 308 of 2025

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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 4^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 308 OF 2025

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BETWEEN:

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SMT.MHALASA PAI W/O GIRISH SHYANBHAG, AGED ABOUT 28 YEARS, R/AT VIRABHADRA GALLI SIRSI - 581 401

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…PETITIONER

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(BY SRI. SUBHASH R., ADVOCATE FOR

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SRI. MANOJ KUMAR J.Y., ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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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

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…RESPONDENT

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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.

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

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NC: 2025:KHC:44728 CP No. 308 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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Heard.

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Petitioner filed petition under Section 24 of the Code of Civil Procedure with the following prayer:-

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"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".

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This Court did not deem it to issue fresh notice to the respondent as process fee is not paid by the petitioner.

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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.

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Case filed by the husband is before the Family Court, Bangalore whereas wife has filed the case before the Court at Sirsi.

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3 - NC: 2025:KHC:44728 CP No. 308 of 2025

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HC-KAR

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Wife is seeking the transfer of this petition filed by the husband on the ground of geographical distance and financial incapacity.

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Those grounds are no longer available for consideration in view of the fact that petitioner/wife can utilise the video conferencing facility.

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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.

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With that observation following:-

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ORDER

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Civil Petition is dismissed.

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Sd/- (V SRISHANANDA) JUDGE

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VS List No.: 2 Sl No.: 1 CT-SG

Smt.Mhalasa Pai v. Sri.Girish Shyanbhag

Case brief

What is this about?

What did the court decide?

Smt.Mhalasa Pai v. Sri.Girish Shyanbhag

Case brief

What is this about?

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