Allowed

Smt Dhanalakshmi @ Thanuja v. Mr M N Yadiyurappa @ Chandru

Karnataka HC24 Aug 2023CRL.P/2404/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition for transfer. It ordered Crl.Misc.No.1556/2021, filed by a wife for maintenance arrears against her husband, to be transferred from Addl. Civil Judge, Magadi, to Family Court, Bangalore, aligning it with earlier transferred proceedings.

What did the court decide?

Transfer of Crl.Misc.No.1556/2021 from Addl. Civil Judge and JMFC, Magadi, to Family Court, Bangalore.

Smt Dhanalakshmi @ Thanuja Vs Mr M N Yadiyurappa @… — Maintenance and Alimony | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:30289 CRL.P No. 2404 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 24^TH DAY OF AUGUST, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 2404 OF 2023

¶6

BETWEEN:

¶7

SMT. DHANALAKSHMI @ TANUJA W/O. M.N. YIADIYURAPPA @ CHANDRU AGED ABOUT 37 YEARS R/AT No.41, KSRP QUARTERS 1^ST BLOCK, NEAR KRUPANIDHI COLLEGE KORAMANGALA BANGALORE - 560 034.

¶8

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

¶9

NOW R/AT: No.242/43, 6^TH CROSS VENKATAPURA KORAMANGALA 1^ST BLOCK BANGALORE - 560 034. …PETITIONER (BY SRI. MANJUNATH B.R, ADVOCATE)

¶10

AND:

¶11

MR. M.N. YADIYURAPPA @ CHANDRU S/O. M.C. NANJAPPA AGED ABOUT 46 YEARS R/AT MARUR VILLAGE KUDUR HOBLI MAGADI TALUK - 562 127.

¶12

2 - NC: 2023:KHC:30289 CRL.P No. 2404 of 2023

¶13

WORKING AT: GOVT. PRIMARY SCHOOL AJJANAHALLI MAGADI TALUK, RAMANAGARA BANGALORE - 562 021.

¶14

…RESPONDENT

¶15

(BY SRI. JAYARAMAIAH, ADVOCATE – ABSENT)

¶16

THIS CRL.P IS FILED U/S 407 OF CR.PC PRAYING TO TRANSFER THE CASE IN CRL.MISC.No.1556/2021 PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC AT MAGADI FILED BY THE PETITIONER TO FAMILY COURT AT BANGALORE IN ORDER TO PROCEED IN ACCORDANCE WITH LAW.

¶17

THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

¶18

ORDER

¶19

This petition is filed seeking transfer of

¶20

Crl.Mis.No.1556/2021 pending on the file of Addl. Civil Judge and JMFC, Magadi to Family Court, Bangalore.

¶21

Heard learned counsel for the petitioner. None appears for the respondent.

¶22

3 - NC: 2023:KHC:30289 CRL.P No. 2404 of 2023

¶23

The petitioner is the wife and the respondent

¶24

herein is her husband. The petitioner, along with her minor daughter, Kumari Hanmsika, had filed Crl.Misc.No.458/2013 against the respondent seeking maintenance under Section 125 of Cr.P.C. The said petition came to be allowed by an order dated 18.01.2020, directing the respondent to pay a sum of Rs.3,500/- each to this petitioner and her minor daughter from the date of the petition. Since the respondent had not complied the said order, the petitioner and her minor daughter filed Crl.Misc.No.143/2020 on the file of Addl. Civil Judge and JMFC, Magadi, for recovery of arrears of maintenance of Rs.5,88,000/- for the period from 29.06.2013 to 18.01.2020. On a petition filed by the petitioner before this Court in Crl.P.No.7814/2021, the said Crl.Misc.No.143/2020 pending on the file of Addl. Civil Judge and JMFC, Magadi, has been ordered to be transferred to Family Court, Bangalore. Now the said proceedings are pending in Family Court, Bangalore.

¶25

4 - NC: 2023:KHC:30289 CRL.P No. 2404 of 2023

¶26

The petitioner filed Crl.Misc.No.1556/2021 seeking recovery of maintenance amount from the

¶27

respondent for the further period from 18.01.2020 to 18.11.2021 for a sum of Rs.1,54,000/-, and it is pending on the file of Addl. Civil Judge and JMFC, Magadi. Learned counsel for the petitioner submits that the petition filed by the respondent seeking divorce in M.C.No.4829/2013 has been decreed by the IV Addl. Family Court, Bangalore. The respondent is a government school teacher, and he is presently working in Ajjanahalli, Magadi taluk, Ramanagara District. The petitioner, as per her Aadhaar card, is residing at Koramangala, Bangalore. The petitioner is having minor daughter, aged about 17 years, studying in a college at Bangalore. As the respondent is working at Ajjanahalli, Magadi taluk, Ramanagara district, it is convenient for him to attend the Court at Bangalore. In view of the transfer of earlier proceedings for recovery of the maintenance amount, the petition filed seeking recovery of further maintenance amount in Crl.Misc.No.1556/2021 requires to be transferred from the

¶28

¶29

NC: 2023:KHC:30289 CRL.P No. 2404 of 2023

¶30

file of Addl. Civil Judge and JMFC, Magadi, to Family Court, Bangalore.

¶31

Accordingly, I pass the following:

¶32

ORDER

¶33

i. The criminal petition is allowed .

¶34

ii. Crl.Misc.No.1556/2021 pending on the file of Addl. Civil Judge and JMFC, Magadi is ordered to be withdrawn and transferred to Family Court, Bangalore for disposal in accordance with law.

¶35

Sd/JUDGE

¶36

hdk CT: thk

Smt Dhanalakshmi @ Thanuja v. Mr M N Yadiyurappa @ Chandru

Case brief

What is this about?

What did the court decide?

Smt Dhanalakshmi @ Thanuja v. Mr M N Yadiyurappa @ Chandru

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K Dhanush Vs the State of Karnataka

Elumalai Vs the State of Karnataka

Sri Ashok N Pai Vs the State of Karnataka

Dr C B Murthy @ Chingategere Basappa Murthy Vs Sri C R Vishwaprakash

Sri Vinodha R Vs State of Karnataka

Rakesh. M @ Gunda Vs State of Karnataka