This judgment dismisses a petition transferring proceedings in a Traffic Court case to Chikmagalur but allows the transfer of a maintenance case from Chikmagalur to Bengaluru Family Court prioritizing the wife's convenience.
Transfer of Crl. Misc. 47/2020 from Family Court, Chikmagalur to Family Court, Bengaluru; records transmitted.
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.
DATED THIS THE 22ND DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO. 4878 OF 2021 C/W
CRIMINAL PETITION NO.8940 OF 2021
In Crl.P.No.4878/2021
BETWEEN:
…Petitioners
AND:
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Smt. Umme Salma, W/o Rahamathulla Khan, Aged about 28 years, R/at No.878, 11th Cross, 1st Main Road, Gangodanahalli, Nayandahalli Post, Bengaluru-560039.
…Respondent
(By Sri M.D.Maskoor Hashmi, Advocate)
This Criminal petition is filed under Section 407 Cr.P.C. praying to transfer the case C.Misc.No.55/2020 pending on the file of the IV M.M.T.C., Traffic Court, Bengaluru to the Principal Judge, Family Court at Chikmagalur.
In Crl.P.No.8940/2021
BETWEEN:
Both Residing at 30/1A, 8th Cross, Gangondanahalli, Bengaluru South, Nayandahalli, Bengaluru-560039.
…Petitioners
(By Sri M.D.Maskoor Hashmi, Advocate)
AND:
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Mr. Rahamathulla Khan, S/o Mr. Faizulla Khan, Aged about 40 years, Computer Engineer, R/o Hirekolale Road, 1st Cross, Beside Khadaria Sunni Masjid, Uppalli, Chikmagalur-577101.
…Respondent
(By Sri N.R.Ravikumar, Advocate)
This Criminal petition is filed under Section 407 Cr.P.C. praying to transfer the case bearing C.Misc.No.47/2020 on the file of the learned Principal Family Judge, Family Court at Chikmagalur filed by the petitioners under Section 125 of Cr.P.C. against the respondent vide Annexure-A to the learned Principal Family Judge, Family Court, Bengaluru and etc.
These Criminal petitions coming on for orders this day, the Court made the following:
ORDER
These two petitions are disposed of by a
common order.
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Class, Chikmagalur. Criminal Petition 8940/2021
is filed seeking transfer of Crl. Misc. 47/2020 from Family Court, Chikmagalur to Family Court, Bengaluru. C. Misc. 55/2020 is a proceeding under section 12 of the Protection of Women from Domestic Violence Act instituted by the wife against her husband, mother-in-law, sister-in-law and brother-in-law. Crl. Misc. 47/2020 is instituted by the wife along with her son against her husband claiming maintenance under section 125 Cr.P.C.
learned counsel for the petitioners in Criminal Petition 4878/2021 that the second petitioner Smt. Rehana Banu is aged about 61 years. She is suffering from diabetes and other age related diseases. Petitioner No.3-Smt. Fathima Shabreen and petitioner No.4-Azmathulla Khan are unnecessarily dragged into litigation. They are all
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residents of Chikmagalur. All of them cannot come over to Bengaluru on every date of hearing in connection with the case. In fact the respondent-wife is attending the court at Chikmagalur in connection with a criminal case for the offence under section 498A IPC and therefore if the proceeding in C. Misc. 55/2020 is transferred from Bengaluru to Chikmagalur, she does not face any hardship.
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has entered appearance and filed his written
statement. When the husband can come over to Bengaluru in connection with the suit, there is no impediment for them to come to Bengaluru in connection with the proceedings under Protection of Women from Domestic Violence Act. As she is living in Bengaluru, the proceeding under section 125 Cr.P.C can also be transferred to Bengaluru court. A lonely woman finds it difficult to undertake travel to Chikmagalur along with the child. On the other hand, the husband or his brother or sister, may not find it difficult to attend the court at Bengaluru. He also submits that it is not necessary that all of them should attend the court on all dates and so far none of them has appeared before the court personally. Counsel is appearing on their behalf and therefore it is not necessary to transfer the proceeding under the Protection of Women from Domestic Violence Act from Bengaluru to Chikmagalur, but the petition
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under section 125 Cr.P.C may be transferred from Chikmagalur to Bengaluru.
has also instituted a suit for divorce in O.S.19/2022 before the Chikmagalur court.
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appears that she has taken shelter in the house of her father. The plight of a lonely woman undertaking travel from Bengaluru to Chikmagalur is quite different from husband or any other member of his family coming to Bengaluru from Chikmagalur. So far as the mother of the husband is concerned, she need not come to Bengaluru and she may appear only if her presence is absolutely necessary. Moreover in the petition filed by the wife for transfer of Crl.Misc.47/2020, she has stated that she has already instituted a suit O.S.209/2021 at Family Court, Bengaluru against her husband seeking restitution of conjugal rights and the husband has entered appearance and filed written statement. This being the position, the husband may not find it difficult to attend the courts at Bengaluru in connection with other cases. He might have instituted a suit at Chikmagalur for divorce, but it is a different aspect altogether. Likewise, the wife may have to
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attend the court at Chikmagalur in connection with criminal case in relation to offence under section 498A IPC, but in the said case she is just a witness and her presence on all the dates of hearing is not necessary. Taking into all these aspects into consideration, it is expedient to transfer Crl. Misc.47/2020 which is now pending on the file of Principal Family Judge, Chikmagalur to the Family Court at Bengaluru. Transfer of C.Misc.55/2020 from the Court of IV MMTC, Traffic Court, Bengaluru to the Court of Judicial Magistrate First Class, Chikmagalur, does not appear to be expedient. In this view, the following :
ORDER
(i) Criminal Petition 4878/2021 is dismissed. (ii) Criminal Petition 8940/2021 is allowed. Crl. Misc. 47/2020 pending
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on the file of Family Court, Chikmagalur, is transferred to the court of Family Court, Bengaluru. (iii) The records in Crl. Misc. 47/200 shall be transmitted to the Family Court, Bengaluru.
Sd/JUDGE
ckl/-
1 issue framed by the court
Whether maintenance proceedings under Section 125 Cr.P.C. and proceedings under the Protection of Women from Domestic Violence Act should be transferred considering the hardship of the wife and conven
3 provisions across 2 enactments
Sri Rahamathulla Khan and others
Smt. Umme Salma
Ummesalma and Master Fasnaan Khan
Mr. Rahamathulla Khan
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
