Sri Manoj Pai vs Smt Shashikala @ Pankaja
2026 Latest Caselaw 2284 Kant

Citation : 2026 Latest Caselaw 2284 Kant
Judgement Date : 13 March, 2026

[Cites 8, Cited by 0]

Karnataka High Court

Sri Manoj Pai vs Smt Shashikala @ Pankaja on 13 March, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                  -1-
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                                                            CRL.P No. 635 of 2026


                      HC-KAR



                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 13TH DAY OF MARCH, 2026
                                                BEFORE
                       THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL PETITION NO. 635 OF 2026
                                       (407(Cr.PC) / 447(BNSS))

                      BETWEEN:

                      SRI. MANOJ PAI S/O. GURUDUTT PAI,
                      AGED ABOUT 44 YEARS,
                      R/AT. NO.17, 1ST CROSS,
                      HENNUR BANDE, KALYAN NAGAR,
                      BENGALURU-560043.
                                                                      ...PETITIONER
                      (BY SRI. AJAY PRABHU M., ADVOCATE)

                      AND:

                      SMT. SHASHIKALA @ PANKAJA
                      W/O. MANOJ PAI,
                      AGED ABOUT 37 YEARS,
                      R/AT. NO.18, KALIDASA NAGARA,
                      VIDHYANAGARA, HUBBALLI-580021.
VISHAL
NINGAPPA                                                             ...RESPONDENT
PATTIHAL              (BY SRI. HIRANKUMAR PATEL, ADVOCATE FOR
Digitally signed by
                      SRI. GOURISHANKAR MOT, ADVOCATE)
VISHAL NINGAPPA
PATTIHAL
Location: HIGH
COURT OF
KARNATAKA
                           THIS CRIMINAL PETITION IS FILED U/S.407 (FILED U/S.447
DHARWAD BENCH         BNSS) CR.P.C PRAYING TO TRANSFER THE PETITION FILED U/S.144
                      OF BNSS IN CRL.MISC.NO.327/2025 ON THE FILE OF THE PRINCIPAL
                      JUDGE, FAMILY COURT, HUBBALLI TO THE COURT OF III
                      ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGLAURU FOR
                      ADJUDICATION, IN THE INTEREST OF JUSTICE AND EQUITY.

                           THIS CRIMINAL PETITION COMING ON FOR FURTHER
                      HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

                      CORAM:   HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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                                                 NC: 2026:KHC:15095
                                              CRL.P No. 635 of 2026


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                            ORAL ORDER

This petition is filed under Section 447 of Bharatiya

Nagarika Suraksha Sanhita, 2023 ['BNSS' for short] and

Section 407 of Code of Criminal Procedure ['Cr.PC' for short]

seeking transfer of Crl.Misc.No.327/2025 filed by the

respondent against the petitioner under Section 144(1) of

BNSS pending on the file of Principal Judge, Family Court,

Hubballi, to the Court of III-Additional Principal Judge,

Family Court, Bengaluru.

2. Heard the learned counsel for the petitioner and

the learned counsel for the respondent.

3. The marriage of the petitioner with the

respondent was solemnized on 26.01.2020. It is alleged that

the said marriage has not been consummated and the

respondent started harassing the petitioner. It is also alleged

that the respondent voluntarily left the matrimonial home of

the petitioner on 07.09.2020 and never returned. The

petitioner sent legal notice dated 17.11.2020 to the

respondent, requesting her to come back and join him

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within 10 days and the said notice has been returned with a

postal shara that 'Addressee Refused'. The petitioner filed a

petition praying to declare nullity of marriage on the ground

of non-consummation of marriage in MC No.5183/2020 on

the file of III-Additional Principal Judge, Family Court,

Bengaluru. After one year and upon advise, the petitioner

filed amended petition seeking dissolution of marriage under

Section 13(i-a) and 13(i-b) of the Hindu Marriage Act, 1955

['Hindu Marriage Act' for short]. The respondent appeared in

MC No.5183/2020 through her counsel and filed a

statement of objections to the main petition on 05.09.2022

and filed an application under Section 24 of the Hindu

Marriage Act. The petitioner stated to have filed objections to

the said application. The respondent has participated in the

said proceedings and even partly cross-examined the

petitioner. The respondent keeping her application pending

filed under Section 24 of the Hindu Marriage Act before the

III-Additional Principal Judge, Family Court, Bengaluru, has

filed petition under Section 144 of BNSS seeking

maintenance of Rs.50,000/- per month before the Principal

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Judge, Family Court, Hubballi. The respondent had filed

transfer petition in CP No.100164/2025 before this Court at

Dharwad Bench. The said transfer petition in CP

No.100164/2025 came to be dismissed by order dated

04.11.2025, in the said order, this Court has directed the

petitioner herein to pay a sum of Rs.10,000/- per visit for

hearing in MC No.5183/2020. It is submitted that the

petitioner is paying Rs.10,000/- per hearing on the

respondent's appearance in the said MC No. 5183/2020.

4. The learned counsel for the petitioner would

contend that as respondent is now appearing in the said

matrimonial case, she can also appear in the maintenance

case.

5. The learned counsel for the respondent would

contend that the respondent is a house wife, has engaged a

counsel to represent her in the maintenance case filed in

Hubballi and if it is transferred to Bengaluru, she has to

engage another counsel to represent her at Bengaluru and it

will cause her hardship. He further contended that there is

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no any interim maintenance ordered either in the

matrimonial case or in the maintenance petition.

6. Since no interim maintenance is ordered to be

paid to the respondent, the transfer sought for by the

petitioner can be considered subject to the petitioner paying

interim maintenance of Rs.20,000/- per month on the

condition that the respondent shall not claim Rs.10,000/-

conveyance fee per hearing in MC No.5183/2020 as ordered

in CP No.100164/2025. The learned counsel for the

respondent has agreed that the respondent will not claim

the said conveyance fee of Rs.10,0000/- per hearing subject

to condition that the petitioner shall go on paying

Rs.20,000/- per month as interim maintenance to the

respondent till disposal of the maintenance petition and MC

No.5183/2020.

7. Considering the above aspects, the following;


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                               ORDER


         i)     The petition is allowed.


         ii)    Crl.Misc. No.327/2025 filed by the

         respondent    against     the       petitioner   under

Section 144 of BNSS pending on the file of

Principal Judge Family Court, Hubballi, is

withdrawn and transferred to III-Additional

Principal Judge, Family Court, Bengaluru to

be clubbed along with MC No.5183/2020.

iii) The petitioner shall pay monthly

interim maintenance of Rs.20,000/- till

disposal of the maintenance petition and MC

No.5183/2020 subject to condition that the

respondent shall not claim conveyance

charges of Rs.10,000/- per hearing as ordered

in CP No.100164/2025.