Disposed¶31

Mrs. Ayesha Suhana v. Mr. Shabber Ahmed

Karnataka HC12 Mar 2025CRL.P/10640/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRL.P No. 10640 of 2024; decided 12.03.2025 by Justice H.P. Sandesh; transfer petition under Section 407 Cr.P.C.; transfer of family court proceedings from Principal Family Court, Mangalore to Family Court, Bengaluru; convenience of minor children and custodial parent; children's education at Bengaluru; respondent residing abroad; maintainability objection kept open for Trial Court; counsel Akshatha Shetty K for petitioners, Sachin B S. for respondent.

What did the court decide?

Transfer of Crl.Misc.No.47/2024 from the Principal Family Court at Mangalore to the Family Court at Bengaluru. ¶31

Mrs. Ayesha Suhana Vs Mr. Shabber Ahmed — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:10649 CRL.P No. 10640 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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CRIMINAL PETITION NO.10640 OF 2024

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BETWEEN:

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MRS. AYESHA SUHANA AGED ABOUT 40 YEARS, D/O MUKKACHERY ABDUL HAMED

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AMANAH ZULEKHA AGED ABOUT 14 YEARS, D/O AYESHA SUHANA

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ARMAAN ABDUL REHMAN AGED ABOUT 7 YEARS, S/O AYESHA SUHANA

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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No.2 AND 3 ARE REP. BY THEIR NATURAL GUARDIAN MOTHER - MRS AYESHA

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ALL ARE R/AT No.31, 3^RD CROSS, NEAR PSTI QUARTERS TEACHER C/O MOHAMMED RAFEEQ AHEMAD COLONY SUBRAMANYAPURA MAIN ROAD VTC BANASHANKARI II STAGE, SUB DISTRICT BANGALORE SOUTH – 560070

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…PETITIONERS

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(BY SMT. AKSHATHA SHETTY K, ADVOCATE)

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2 - NC: 2025:KHC:10649 CRL.P No. 10640 of 2024

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AND:

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MR. SHABBER AHMED AGED 48 YEARS S/O M A REHMAN R/AT FATHIMA APARTMENT FLAT No.602, BRITTO LANE FALNIR, MANGALORE – 575001

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…RESPONDENT

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(BY SRI SACHIN B S.,ADVOCATE)

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THIS CRL.P IS FILED U/S 407 OF CR.PC. PRAYING TO TRANSFER THE CRL.P IN CRL.MISC.NO.47/2024 ON THE FILE OF PRL. FAMILY COURT AT MANGALORE TO THE FAMILY COURT AT BENGALURU AND ETC.

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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 H.P.SANDESH

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ORAL ORDER

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Heard the learned counsel appearing for the

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respective parties.

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The ground for transfer of petition invoking

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Section 407 of Cr.P.C is that earlier petitioner No.1 along with petitioner Nos.2 and 3 were staying in Mangaluru and subsequently, they shifted to the Bengaluru. The counsel

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3 - NC: 2025:KHC:10649 CRL.P No. 10640 of 2024

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for the respondent also not disputes the fact that the respondent is staying abroad and only objection raised that the very petition itself is not maintainable. The question of maintainability of the petition has to be decided by the Trial Court. Thus, the said objection is kept open for consideration of the matter.

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Having considered the fact that petitioner No.1 along with her children i.e., petitioner Nos.2 and 3 are staying at Bengaluru and the children are also pursuing their education in Bengaluru, it is appropriate to transfer Crl.Misc.No.47/2024 to the Family Court at Bengaluru from the Principal Family Court at Mangalore. Accordingly, the petition is disposed of.

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Sd/- (H.P.SANDESH) JUDGE

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Mrs. Ayesha Suhana v. Mr. Shabber Ahmed

Case brief

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Mrs. Ayesha Suhana v. Mr. Shabber Ahmed

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