Mr Rakesh Ganapathy v. Jamuna K v

Karnataka HC2 Jun 2026CRL.P/14477/2024

Case brief

AI extract

What is this about?

Keywords: Section 407 Cr.PC transfer of pending proceedings; Section 447 BNSS; CRL.P No. 14477 of 2024; Crl. Misc. No.141/2023 maintenance case; Civil Judge & JMFC Ponnampet Kodagu; Principal Judge Family Court Bengaluru; mediation; memorandum of settlement dated 29.04.2026; arrears of maintenance Rs.5,60,000/-; Rakesh Ganapathy v. Jamuna K.V; appearance directed on 06.07.2026; Hindu Kodava marriage 12.02.2004; separation since May 2016; Karnataka High Court; S Vishwajith Shetty J.; disposal in terms of settlement.

What did the court decide?

Transfer of Crl. Misc. No.141/2023 from the Court of Civil Judge & JMFC, Ponnampet, Kodagu to the Court of the Principal Judge, Family Court, Bengaluru, in terms of the memorandum of settlement dated 29.04.2026; parties directed to appear before the Family Court, Bengaluru on 06.07.2026. ¶¶47

Mr Rakesh Ganapathy Vs Jamuna K v — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in Crl. Misc. No.141/2023 (maintenance case filed by Respondent No.1) pending on the file of the Civil Judge & JMFC, Ponnampet, Kodagu ought to be transferred to the Court of the Principal Judge, Family Court, Bengaluru.

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Court's answer

The criminal petition is allowed in terms of the memorandum of settlement dated 29.04.2026 arrived at before the Mediation Centre, and the prayer for transfer is granted.

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Ratio / Principle

Crl. Misc. No.141/2023 pending on the file of the Court of Civil Judge & JMFC, Ponnampet, Kodagu is withdrawn and transferred to the Court of the Principal Judge, Family Court, Bengaluru, with liberty to allot the same to any other jurisdictional Court for disposal in accordance with law.

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Key takeaways

The parties are directed to appear before the Family Court, Bengaluru, on 06.07.2026.ratio¶¶48

Detailed headnote1 paragraphs

Transfer of maintenance proceedings — Criminal petition under Section 407 Cr.PC (filed u/S 447 BNSS) by husband seeking transfer of Crl. Misc. No.141/2023, a maintenance case filed by his wife before the Civil Judge & JMFC, Ponnampet, Kodagu, to the Principal Judge, Family Court, Bengaluru — With consent of counsel, matter referred to Mediation Centre — Dispute settled; memorandum of settlement dated 29.04.2026 signed by parties and advocates taken on record — Petitioner had paid Rs.5,60,000/- towards arrears of maintenance; parties had no objection to transfer — Held: petition allowed in terms of the settlement; proceedings withdrawn and transferred to the Principal Judge, Family Court, Bengaluru, with liberty to allot the same to any other jurisdictional Court; parties directed to appear before the Family Court, Bengaluru on 06.07.2026 (S Vishwajith Shetty J.).

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NC: 2026:KHC:25867 CRL.P No. 14477 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF JUNE, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14477 OF 2024

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BETWEEN:

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MR. RAKESH GANAPATHY S/O LATE GANAPATHY K.N AGED ABOUT 52 YEARS RESIDING AT NO.1496 17TH A MAIN J.P. NAGAR 2ND PHASE BANGALORE - 560 078.

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…PETITIONER

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(BY SMT. MADHURI GAIKWAD V.S, ADV.)

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AND:

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JAMUNA K.V W/O RAKESH GANAPATHY AGED ABOUT 42 YEARS.

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

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MISS ADITI D/O RAKESH GANAPATHY AGED ABOUT 18 YEARS.

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MR. DISHAN DEVAIAH S/O RAKESH GANAPATHY AGED ABOUT 15 YEARS.

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ALL RESIDING AT HYSODLUR VILLAGE AND POST PONNAMPET TALUK KODAGU - 571 249 RESPONDENT NO.1 ALSO AT JAIN (DEEMED TO BE UNIVERSITY) SCHOOL OF SCIENCY 34, IST CROSS ROAD J.C. ROAD SAMAPANGIRAMA NAGAR BANGALORE - 560 027.

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…RESPONDENTS

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NC: 2026:KHC:25867 CRL.P No. 14477 of 2024

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HC-KAR

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(BY SRI NAIK NARAYAN MASTAPPA, ADV.)

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THIS CRL.P IS FILED U/S 407 CR.PC (FILED U/S 447 BNSS) PRAYING TO PASS AN ORDER DIRECTING THE TRANSFER OF PROCEEDINGS IN CRL.MISC.NO.141/2023 ON THE FILE OF THE CIVIL JUDGE AND JMFC, PONNAMPET, KODAGU TO THE HNBLE PRINCIPAL FAMILY COURT JUDGE, BANGALORE, FOR DISPOSAL IN ACCORDANCE WITH LAW.

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THIS PETITION, COMING ON FOR ADMSSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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This petition under Section 407 Cr.PC is filed with a prayer to transfer the proceedings in Crl. Misc. No.141/2023 which is pending on the file of the Court of Civil Judge & JMFC, Ponnampet, Kodagu, to the Court of Principal Judge, Family Court, Bengaluru.

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With the consent of the learned Counsels appearing for the parties, the matter was referred to Mediation Centre for settlement and a report is now received from the Mediation Centre that the dispute between the parties has been settled and the respondent has no objection for transfer of Crl. Misc. No.141/2023 from the file of the Court of Civil Judge & JMFC,

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3 - NC: 2026:KHC:25867 CRL.P No. 14477 of 2024

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HC-KAR

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Ponnampet, Kodagu, to the Court of Principal Judge, Family Court, Bengaluru.

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The memorandum of settlement entered into between the

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parties before the Mediation Centre which is signed by the parties and their learned Advocates is taken on record. In paragraph I to III of the said memorandum of settlement, it is observed as under:

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"I. The Petitioner has filed above petition seeking transfer of proccedings in Crl.Misc No.141/2023 on the file of the Civil Judge and JMFC, Ponnampet, Kodagu to the Hon'ble Family Court, Bengaluru.

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II. Both the parties state that the Petitioner and Respondent No.1 are the wife and husband respectively and their marriage was solemnized on 12.02.2004 at Kodava Samaja, Hudikeri as per Hindu Kodava rites and customs and they have two children namely Miss Aditi born on 16.02.2005 and Dishan Devaiah born on 11.02.2008 who are Respondent No.2 and 3 respectively herein. Both parties further state that on account of incompatibility and lack of understanding between them they started living separately from May 2016. Further the Respondent No.1 has filed Crl. Misc No. 141/2023 before the Civil Judge and JMFC, Ponnampet, Kodagu for maintenance. Further the Petitioner has filed above

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NC: 2026:KHC:25867 CRL.P No. 14477 of 2024

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HC-KAR

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petition seeking transfer of proceedings in Crl.Misc No.141/2023 on the file of the Civil Judge and JMFC, Ponnampet, Kodagu to the Hon'ble Family Court, Bengaluru.

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III. During the course of mediation, the Petitioner and the Respondents along with their respective counsel were present and identified each other. Both the parties after a thorough discussion with the able assistance of their respective Advocates have resolved their disputes and have agreed to the following terms and conditions :-

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1. The Petitioner has already paid a sum of Rs.5,60,000/(Rupees Five Lakhs Sixty Thousand Only) on 27.04.2026 to the Respondents towards arrears of maintenance in Crl.Misc No.141/2023

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2. In view of this settlement the Parties have no objection for transfer the Crl. Misc No.141/2023 pending on the file of the Civil Judge and JMFC, Ponnampet, Kodagu to the Hon'ble Family Court, Bengaluru.

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3. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner."

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Under the circumstances, this criminal petition is required

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to be disposed of in terms of the settlement arrived between

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NC: 2026:KHC:25867 CRL.P No. 14477 of 2024

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HC-KAR

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the parties and the prayer made in this petition is required to be granted. Accordingly, the following order:

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Criminal petition is allowed in terms of the memorandum

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of settlement dated 29.04.2026. Crl. Misc. No.141/2023 pending on the file of the Court of Civil Judge & JMFC, Ponnampet, Kodagu, is withdrawn and transferred to the Court of the Principal Judge, Family Court, Bengaluru, who shall be at liberty to allot the same to any other jurisdictional Court for disposal in accordance with law. The parties are directed to appear before the Family Court, Bengaluru, on 06.07.2026.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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List No.: 1 Sl No.: 96

Mr Rakesh Ganapathy v. Jamuna K v

Case brief

What is this about?

What did the court decide?

Mr Rakesh Ganapathy v. Jamuna K v

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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