Petitioner sought transfer of a maintenance petition from Sringeri to Bengaluru under Section 407 Cr.P.C., citing convenience. The Court observed that transfer would inconvenience the respondent and dismissed the petition as devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1st DAY OF FEBRUARY, 2021
B E F O R E
THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION No.7377 OF 2018
BETWEEN:
SRI C.R. SEETHARAMA SHARMA S/O LATE SRI C.K RAMACHANDRA AGED ABOUT 47 YEARS R/AT CHILKUNDA, HUNSURU TALUK MYSORE DISTRICT-571 105.
…PETITIONER
(BY SRI K.S GANESHA, ADVOCATE)
AND:
SMT. MANGALA S. SHARMA W/O SRI C.R SEETHARAMA SHARMA AGED ABOUT 41 YEARS C/O D. PREMALEELA SHANKARA KRUPA BHARATHINAGARA POST SRINGERI TALUK NOW R/AT C/O LALITHA R.BAIRY, NO.1179, 2ND FLOOR 11TH A CROSS, 12TH MAIN MAHALAKSHMIPURAM BENGALURU-560 086.
…RESPONDENT
(BY SRI M.S. CHANDRASHEKAR, ADVOCATE)
CRL.P. NO.7377/2018 2
This Criminal Petition is filed under Section 407 of Cr.P.C, praying to pass an order calling for the record in Crl.Misc.37/2015 pending on the file of the Civil Judge and JMFC, Sringeri and transfer the same to V Addl. Family Court, Bengaluru by allowing this Criminal Petition in the interest of justice and equity.
This Criminal Petition coming on for admission through Video Conferencing / Physical Hearing this day, the Court made the following:-
ORDER
The present petitioner has filed this petition under Section 407 of Cr.P.C. seeking transfer of Crl. Misc.37/2015 stated to be pending on the file of the learned Civil Judge and JMFC at Sringeri, to the Court of V Addl. Family Court at Bengaluru.
CRL.P. NO.7377/2018
3
up today. As such, it is taken that there is no arguments addressed from the respondent’s side.
According to the petitioner, the present respondent has filed a petition seeking the relief of divorce against him which is pending before the learned V Addl. Family Court at Bengaluru in M.C. No.1163/2016. As such, since both the parties are required to appear in the said Family Court in the said matter, the Crl. Misc. No.37/2015 filed by the present respondent under Section 125 of Cr.P.C. which is pending before the Civil Judge and JMFC at Sringeri be also transferred to the Court of V Addl. Family Court at Bengaluru.
CRL.P. NO.7377/2018 4
No.37/2015 and M.C. No.1163/2016 are not pending in any of the Courts either at Hunasuru Taluk or in Mysuru District which is the place of residence of the petitioner. Even otherwise, the petitioner in order to appear in M.C. No.1163/2016 is required to travel to Bengaluru and appear in the matter. He has neither pleaded nor shown any difficulty to travel to Sringeri to appear in Crl. Misc. No.37/2015, as in any way he has to travel either to Bengaluru or to Sringeri.
CRL.P. NO.7377/2018 5
Therefore, I do not find any reason to transfer said Crl. Misc. No.37/2015 to the V Addl. Family Court at Bengaluru. Accordingly, I proceed to pass the following:
ORDER
The petition is dismissed as devoid of merit.
Sd/-
JUDGE
sac*
1 issue framed by the court
Whether the maintenance petition filed by the wife under Section 125 Cr.P.C. at Sringeri requires transfer to Bengaluru where her other family proceedings are pending.
1 provisions across 1 enactments
Sri C.R. Seetharama Sharma
Smt. Mangala S. Sharma
H.B. Prabhakara Swamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
