Mr Manjunatha Vs Mrs Kavya

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH ORDER DATED 01.04.2025 VIDE ANNEXURE-M PASSED BY THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, D.K MANGALORE IN CRL.MISC NO.224/2025 REFUSING TO GRANT INTERIM ORDER TO STAY OF THE PROCEEDINGS AND CONSEQUENTLY ALLOW THE INTERIM

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NC: 2025:KHC:22187 WP No. 14345 of 2025

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HC-KAR

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APPLICATION VIDE ANNEXURE-L FILED BY THE PETITIONER FOR STAY OF THE PROCEEDINGS OF CRL.MISC CASE NO.211/2021 PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, D.K MANGALORE PENDING DISPOSAL OF THE PETITION IN CRL. MISC NO.224/2025 ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, D.K MANGALORE AND ETC.

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

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioner seeks the following reliefs:

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"(a) Issue a Writ of certiorari or any other Appropriate Writs/Orders, Quashing order dated 01.04.2025 vide Annexure-M passed by the Court of Prl. District and Sessions Judge, D.K Mangalore in Crl.Misc No.224/2025 refusing to grant interim order to stay of the proceedings and consequently allow the interim application vide Annexure-L filed by the Petitioner for stay of the proceedings of Crl.Misc Case No.211/2021 pending on the file of Prl.Civil Judge and JMFC, D.K Mangalore pending disposal of the petition in Crl. Misc No.224/2025 on the file of Prl. District and Sessions Judge, D.K Mangalore;

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(b) Issue Appropriate Writs/Orders directing the Court of Prl. District and Sessions Judge, D.K Mangalore to expeditiously dispose of the petition in Crl.M.C No.224/2025 vide Annexure-K seeking for transfer of

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HC-KAR

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the proceedings in Crl.M.C. No.211/2021 on the file of Prl.Civil Judge and J.M.F.C., Court Belthangady to the Court of Addl. Civil Judge and J.M.F.C. Court, Belthangady;

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(c) Grant such other and further reliefs as this Hon'ble Court deems fit to grant under facts and circumstances of the case to meet the ends of justice and equity."

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Heard learned senior counsel for the petitioner and the

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learned counsel for the respondent and perused the material on record.

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A perusal of the material on record will indicate that the petitioner is the husband of the respondent – wife who initiated proceedings in Crl. Misc. No.32/2019 on the file of the Additional Civil Judge and JMFC., Belthangady against the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking various reliefs. The said petition having been contested by the petitioner, the Trial Court passed an order directing interim maintenance which was granted in favour of the respondent – wife against the petitioner – husband. Since the petitioner did not comply with the same, the respondent – wife has instituted proceedings against the petitioner for enforcement which

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HC-KAR

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are currently pending in Crl. Misc. No.211/2021 before the Principal Civil Judge and JMFC., Belthangady. Under these circumstances, the petitioner approached the Principal District and Sessions Judge, Mangaluru, by way of a transfer petition in Crl. Misc. No.224/2025 to transfer both aforesaid proceedings to a single Court and the same is pending adjudication before the Sessions Court.

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Learned senior counsel for the petitioner and the learned counsel for the respondent on instructions submit that the proceedings in Crl. Misc. No.211/2021 filed by the respondent against the petitioner which are currently pending before the Principal Civil Judge and JMFC., Belthangady may be directed to be withdrawn from the said Court and transferred to the Court of the Additional Civil Judge and JMFC., Belthangady, to be clubbed, consolidated, heard, tried and disposed of along with Crl. Misc. No.32/2019 pending before the said Court by leaving open all contentions. It is also submitted that the Sessions Court before whom Criminal Misc. No.224/2025 is pending is to be directed to close the said proceedings as having become infructuous.

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HC-KAR

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In view of the aforesaid facts and circumstances and

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joint submissions made by learned counsel for both sides, I deem it just and appropriate to dispose of the present petition by issuing directions to the Civil Judge as well as Sessions Court.

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In the result, I pass the following:

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ORDER

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(i) The petition is hereby disposed of.

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(ii) Crl. Misc. No.211/2021 currently pending before the Principal Civil Judge and JMFC., Belthangady is directed to be withdrawn and transferred to the Court of the Additional Civil Judge and JMFC., Belthangady to be clubbed, consolidated, tried and disposed of along with Crl. Misc. No.32/2019 in accordance with law. The Sessions Court i.e., the Principal District and Sessions Judge, Mangaluru, before whom Crl. Misc. No.224/2025 is pending is directed to the close the said proceedings immediately upon receipt of a copy of this order.

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(iii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. The Trial Court i.e., the Court of Additional

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HC-KAR

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Civil Judge and JMFC., Belthangady, is directed to dispose of both Crl. Misc No.211/2021 and Crl. Misc. No.32/2019 within a period of four months from the date of receipt of a copy of this order.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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SMA

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List No.: 1 Sl No.: 15

Mr Manjunatha v. Mrs Kavya

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Mr Manjunatha v. Mrs Kavya

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