Criminal Misc. Petition filed praying for transfer of a domestic violence case from Chitradurga to Davanagere. The High Court allowed the transfer considering the petitioner-wife's residence and minor child's school in Davanagere.
Transferred Crl.Misc.No.373/2022 from II Addl. Civil Judge and JMFC, Chitradurga to Principal Civil Judge, JMFC, Davanagere.
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 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 7338 OF 2023
BETWEEN:
SMT KAVYA.E.N., AGED ABOUT 32 YEARS, D/O NAGARAJ.R R/AT 1ST MAIN, 4TH CROSS, CCM TOWNSHIP, DAVANAGERE 577 004.
…PETITIONER
(BY SRI. NAVEED AHMED, ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT RENUKA NILAYA, 2ND CROSS, J.C.R. EXTENSION,
NC: 2024:KHC:48699 CRL.P No. 7338 of 2023
CHITRADURGA 577 501.
…RESPONDENTS
(BY SRI. B.K. MANJUNATH, ADVOCATE)
THIS CRL.P IS FILED U/S 407 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO TRANSFER THE CRL.MISC.NO.373/2022 PENDING ON THE FILE OF IIND ADDL. CIVIL JUDGE AND JMFC COURT, C/C PRL. CIVIL JUDGE AND JMFC AT CHITRADURGA TO ANY OTHER ADDL. CIVIL JUDGE AND JMFC AT DAVANAGERE FOR THE OFFENCE P/U/S 12, 18, 19, 20 OF THE PROTECTIONS OF WOMEN FROM DOMESTIC VIOLENCE ACT AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed under Section 407 of the
Criminal Procedure Code (hereinafter referred to as ‘Cr.P.C’ for brevity) praying to transfer Crl.Misc.No.373/2022 pending on the file of II Additional Civil Judge and JMFC, Chitradurga to any other Additional Civil Judge and JMFC at Davanagere.
is her husband and the other respondents are relatives of her husband. The petitioner has filed Crl.Misc.No.373/2022
against the respondents under Section 12 r/w section 18, 19 and 20 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "The Act" for brevity) and it is pending on the file of II Additional Civil Judge and JMFC, Chitradurga.
NC: 2024:KHC:48699 CRL.P No. 7338 of 2023
is her husband and the other respondents are the relatives of respondent No.1-husband. The cases in G&WC No.2/2023 filed by respondent No.1, M.C.No.83/2022 filed by the petitioner-wife against respondent No.1-husband and M.C.No.147/2022 filed by respondent No.1-husband against the petitioner-wife, which were pending in the Courts at Chitradurga have been transferred to Davanagere, as per the common order dated 29.08.2024 passed in CP.Nos.271, 267, and 268 of 2023. The said petitions were filed by the petitioner-wife against respondent No.1- husband. All the three cases by virtue of the said order were transferred from Chithradurga to Davanagere and the petitioner-wife and respondent No.1husband are attending the said cases at Davanagere. The documents enclosed with the petition would indicate that the petitioner-wife and her daughter are residing at Davanagere and daughter of the petitioner-wife is studying in Rashtrotthana Vidyalaya, Davanagere. If the transfer
as sought for is allowed it will not cause hardship to the respondents traveling from Chitradurga to Davanagere, as they are not accused in the said case, but they are arrayed as respondents, they need not appear on the date of hearing except for giving evidence and the respondents can be represented by their counsel in the transferee Court. If the transfer is not allowed, it will cause hardship to the petitioner-wife, as she is a woman residing under the mercy of her father along with her minor daughter, who is admitted to the school at Davanagere.
the Hon'ble Apex Court, it is the convenience of the petitioner-wife in the matrimonial proceedings that can be taken into consideration while considering the transfer of petitions. The petitioner-wife has made out grounds for transfer as sought in the petition. Hence, I proceed to pass the following:
ORDER
i. The petition is allowed .
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
BKN
List No.: 1 Sl No.: 15
2 issues framed by the court
Whether an order transferring a domestic violence case from Chitradurga to Davanagere is sustainable considering the petitioner's residence and the resultant hardship if not transferred.
Whether the transfer of proceedings causes undue hardship to the respondents residing at Chitradurga or having connections with Pune.
2 provisions across 2 enactments
Kavya.E.N.
Srinivasa.R.
Rajappa
Gangamma
Pralhada
Devaraj
Shivashankar Amarannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
