Allowed¶46

Sri Thejaraju R., v. Smt. Smitha a J

Karnataka HC22 Jun 2026CRL.P/11798/2025

Case brief

AI extract

What is this about?

Transfer of domestic violence case; Section 407 Cr.P.C; Section 447 BNNS; DVC No.12 of 2018; Section 12 Protection of Women from Domestic Violence Act 2005; Ramanagara to Mysuru; convenience of parties; petitioner and respondents both residing at Mysuru; concurrent divorce petition M.C.No.321 of 2023 before Family Judge Mysuru; ends of justice; Criminal Petition allowed.

What did the court decide?

DVC No.12 of 2018 withdrawn from the Court of Addl. Civil Judge and JMFC, Ramanagara and directed to be transferred to the Court of jurisdictional Magistrate at Mysuru for trial and disposal, in accordance with law. ¶46

Sri Thejaraju R., Vs Smt. Smitha a J — Domestic Violence | Karnataka HC (2026)

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NC: 2026:KHC:30955 CRL.P No. 11798 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JUNE, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11798 OF 2025

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BETWEEN:

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SRI THEJARAJU R., S/O RAJSHEKARAIAH (B.E., M.TECH) PROFESSOR AGED 37 YEARS CHRIST COLLEGE OPP. TO KANMINIKE BUS STAND BENGALURU MYSURU HIGHWAY BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT

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PRESENT ADDRESS SRI THEJARAJU R NO.E-222, ACHUTH NILAYA M.M.G. ASSET HABITENT LAYOUT ALOK ROAD, ILAVALA BY PASSA ILAVALA POST MYSURU - 571 130.

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…PETITIONER

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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(BY SRI RAJA L, ADV.)

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AND:

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SMT. SMITHA A.J D/O JAYARAMEGOWDA W/O THEJARAJU R AGED ABOUT 34 YEARS RESIDING AT HOUSE NO.415 9TH CROSS ROAD 2ND STAGE, HEBBAL MYSURU - 571 017.

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SRI GAGAN T S/O THEJARAJU R AGED ABOUT 9 YEARS SINCE MINOR IN AGE REPRESENTATIVES OF HIS

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NC: 2026:KHC:30955 CRL.P No. 11798 of 2025

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HC-KAR

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NATURAL MOTHER SMT. SMITHA A.J OLD ADDRESS C/O NAGARAJU SHESHAGIRIHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT.

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…RESPONDENTS

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(BY SRI MAHESHA M, ADV.)

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THIS CRL.P IS FILED U/S 407 CR.PC (FILED U/S 447 BNNS) PRAYING TO ALLOW THIS PETITION AND TRANSFER THE D.V.C PETITION NO.12/2018 FILED BY THE RESPONDENT FROM THE ADDL.CIVIL JUDGE AND JMFC AT RAMANAGARA TO THE COURT OF FAMILY COURT AT MYSURU FOR TRIAL AND DISPOSAL IN ACCORDANCE WITH LAW.

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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 VISHWAJITH SHETTY

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ORAL ORDER

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This petition under Section 407 of Cr.P.C, is filed

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with a prayer to transfer DVC No.12 of 2018, pending before the Court of Addl. Civil Judge & JMFC, Ramanagara to Family Court, Mysuru for trial and disposal in accordance with law.

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Heard.

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Records reveals that marriage of the petitioner with

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the first respondent was solemnized on 13.04.2024. It appears that relationship between the parties got subsequently strained

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NC: 2026:KHC:30955 CRL.P No. 11798 of 2025

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HC-KAR

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and respondent no.1 along with her minor son respondent no.2 started staying separately and she had filed petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the jurisdictional Court of Magistrate at Ramanagara in DVC No.12 of 2018 seeking transfer of the said petition to the jurisdictional Court of Family Judge at Mysuru, petitioner, who is the husband of respondent no. 1 and father of respondent no. 2 is before this Court.

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It is the case of the petitioner that, petitioner and the respondents are now residing in Mysuru. Petitioner herein has filed M.C.No.321 of 2023 before the Court of Family Judge at Mysuru seeking dissolution of marriage by a decree of divorce. It is stated in the petition that since the parties are now residing in Mysuru and M.C.No.321 of 2023 is already pending before the jurisdictional Court of Family Judge at Mysuru, the petition in DVC No.12 of 2018, which is pending before the Court of Magistrate at Ramanagara may be transferred to Family Court at mysuru.

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NC: 2026:KHC:30955 CRL.P No. 11798 of 2025

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HC-KAR

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Respondent No.1, who is served in the matter has been represented by an advocate. The contention raised by the petitioner in his petition is that the petitioner and respondents both are residing in Mysuru and therefore it would be convenient for both the parties, if the case at Ramanagara in DVC No.12 of 2018 is transferred to Mysuru has not been denied by respondent No.1, till date.

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In the memorandum of this petition, the respondents present address at Mysuru has been mentioned and the respondents are served in the said address, with the notice that was issued by this Court. Therefore, it is apparent that respondents herein are staying at mysuru as stated in the memorandum of this petition. Under the circumstances, I am of the opinion that, if the prayer made by the petitioner to transfer DVC No.12 of 2018 to the jurisdictional Court at Mysuru, is granted, the same would serve the ends of justice.

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Accordingly, the following :-

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ORDER

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(i) Criminal Petition is allowed.

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NC: 2026:KHC:30955 CRL.P No. 11798 of 2025

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HC-KAR

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(ii) DVC No.12 of 2018 pending before the Court of Addl. Civil Judge and JMFC, Ramanagara is withdrawn from the said Court and is directed to be transferred to the Court of jurisdictional Magistrate at Mysuru for trial and disposal, in accordance with law.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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NMS

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List No.: 1 Sl No.: 50

Sri Thejaraju R., v. Smt. Smitha a J

Case brief

What is this about?

What did the court decide?

Sri Thejaraju R., v. Smt. Smitha a J

Case brief

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