Dismissed

Sri Nagaraj a v. Smt Harshitha C

Karnataka HC22 Nov 2024CRL.P/7289/2023

Case brief

AI extract

What is this about?

In this criminal petition, the husband sought transfer of his wife's maintenance petition from Davanagere to Bengaluru citing hardship and threats. The Court ordered transfer of the maintenance case to Chitradurga, a neutral forum where the matrimonial case is pending, to ensure convenience for both parties and quick disposal.

What did the court decide?

Proceedings under Crl.Misc.No. 36/2023 are transferred to Court of Principal Senior Civil Judge and CJM, Chitradurga to be heard along with M.C. No. 151/2024.

Sri Nagaraj a Vs Smt Harshitha C — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC:47646 CRL.P No. 7289 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION No. 7289 OF 2023

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BETWEEN:

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SRI NAGARAJ A AGED ABOUT 37 YEARS S/O APPAJI GOWDA B.M. R/O. # 20, “BHUVI” 9^TH CROSS, BASAVESHWARA HBCS LAYOUT CHANDRA LAYOUT, 2^ND STAGE BENGALURU – 560 040.

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…PETITIONER

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(BY SRI B C MAHESHA, ADVOCATE)

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AND:

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SMT. HARSHITHA C AGED ABOUT 31 YEARS W/O NAGARAJU A

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

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SHREYA.H.N AGED ABOUT 4 YEARS REPRESENTED BY MOTHER SMT.HARSHITHA.C

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BOTH R1 AND R2 ARE RESIDING AT #1929/19, 21^ST CROSS VIDYANAGAR DAVANAGERE – 577 005.

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…RESPONDENTS

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(BY SRI R CHANDAN, ADVOCATE FOR R1 R2 IS MINOR AND REPRESENTED BY R1)

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2 - NC: 2024:KHC:47646 CRL.P No. 7289 of 2023

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THIS CRL.P IS FILED UNDER SECTION 407 R/W 482 Cr.P.C PRAYING TO WITHDRAW CRL. MISC. No.36/2023 PENDING ON THE FILE OF PRINCIPAL FAMILY COURT AT DAVANAGERE FILED BY THE RESPONDENT AND TRANSFER THE SAME TO THE FAMILY COURT AT BENGALURU FOR DISPOSAL IN ACCORDANCE WITH LAW.

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

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CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed under Section 407 of

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Cr.P.C. praying to transfer Crl.Misc. No. 36/2023 pending on the file of Principal Family Court, Davanagere to Family Court, Bengaluru. The petition is filed by the husband against the respondent.

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Heard learned counsel for petitioner and learned counsel for respondent.

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Respondent along with her minor daughter has filed petition under Section 125 of Cr.P.C. in Crl.Misc. No. 36/2023 pending on the file of Family Court, Davanagere, seeking maintenance from her husband who is the petitioner herein. The husband has filed this petition

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3 - NC: 2024:KHC:47646 CRL.P No. 7289 of 2023

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seeking transfer of the said Crl.Misc. No. 36/2023 from Family Court, Davanagere to Family Court, Bengaluru on the ground that he is working in a private company and he may loose his job for often traveling from Bengaluru to Davanagere and also there is a life threat to him by the respondent and her father.

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learned counsel for petitioner has placed on record certified copy of the order dated 23.04.2024 passed in Civil Petition No. 142/2023 wherein M.C. No. 759/2023 filed by the petitioner against the respondent pending on the file of I Additional Principal Judge, Family Court, Bengaluru has been transferred to a neutral forum, i.e., Family Court at Chitradurga. A coordinate Bench of this Court while passing the said order has observed as under:

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“ 6. Taking note of the contentions of both sides, it would be appropriate to take note of the hardship and inconvenience as made out by the petitioner and in light of the law laid down in the case of Smt.M.V.Rekha (supra), which provides that convenience of the wife is an aspect that is to be taken note of while considering the transfer petitions, petition deserves to be disposed off.

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4 - NC: 2024:KHC:47646 CRL.P No. 7289 of 2023

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7. Insofar as the assertion of threat as made out by the respondent, though the same is denied by the petitioner, it would however be appropriate that the proceedings be conducted before the neutral forum.”

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Learned counsel for petitioner would submit

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that as per the said order passed in C.P. No. 142/2023 M.C. No. 759/2023 has been transferred to the Court of Principal Senior Civil Judge and CJM, Chitradurga and it is re-numbered as M.C. No. 151/2024 and now it is adjourned to 03.01.2024. Now that the matrimonial case between the petitioner and respondent is pending in a neutral forum, i.e., Principal Senior Civil Judge and CJM, Chitradurga, both the parties are attending the said Court. As the respondent is already attending the said matrimonial case pending on the file of Principal Senior Civil Judge and CJM, Chitradurga, it cannot cause any hardship to her in attending her petition filed under Section 125 of Cr.P.C. if it is transferred to the very same Court at Chitradurga.

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NC: 2024:KHC:47646 CRL.P No. 7289 of 2023

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Learned counsel for respondent – wife would submit that inspite of granting interim maintenance, the petitioner – husband has not paid any interim maintenance till today. He further submits that if the case is transferred to Chitradurga, a neutral forum, it takes a long time for transmitting the records and renumbering of the case.

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Said apprehension of the learned counsel for respondent – wife could be met with by fixing a time limit for transmitting the records and renumbering of the case. Considering the above aspects it would be appropriate, that proceedings in Crl.Misc. No. 36/2023 pending on the file of Family Court, Davanagere, are transferred to the Court of Principal Senior Civil Judge and CJM, Chitradurga, wherein M.C. No. 151/2024 is pending. Accordingly, the following;

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O R D E R

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i. Petition is disposed of.

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6 - NC: 2024:KHC:47646 CRL.P No. 7289 of 2023

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ii. Proceeding in Crl.Misc.No. 36/2023 pending on

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the file of Family Court, Davanagere, is withdrawn and the same is transferred to a neutral forum, i.e., Court of Principal Senior Civil Judge and CJM, Chitradurga, wherein M.C. No. 151/2024 is pending.

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iii. The Family Court, Davanagere, on receipt of copy of order, shall transmit the records relating to Crl.Misc.No. 36/2023 to the Court of Principal Senior Civil Judge and CJM, Chitradurga forthwith.

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iv. The Principal Senior Civil Judge and CJM, Chitradurga, after receipt of records, has to assign a new number and call the case along with M.C. No. 151/2024 and to give same date for both the cases.

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v. Parties are directed to appear before the transferee Court, i.e. Principal Senior Civil Judge and CJM, Chitradurga, on 16.12.2024.

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NC: 2024:KHC:47646 CRL.P No. 7289 of 2023

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In view of disposal of the appeal, all pending

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applications are also disposed off.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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LRS

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List No.: 1 Sl No.: 19

Sri Nagaraj a v. Smt Harshitha C

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Sri Nagaraj a v. Smt Harshitha C

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