Allowed

Shwetha C B v. Chandan v

Karnataka HC25 Feb 2026CRL.P/14894/2025

Case brief

AI extract

What is this about?

Wife and minor son sought transfer of a Section 125 Cr.P.C. maintenance case from Mandya, where other related proceedings had already been shifted to Mysuru by an earlier order. The court found the petitioners now reside at Mysuru and allowed transfer of the maintenance case to the Family Court, Mysuru.

What did the court decide?

Cr.Misc.No.69/2019 withdrawn from Principal Civil Judge and JMFC, Mandya and transferred to Family Court, Mysuru.

Shwetha C B Vs Chandan v — Maintenance and Alimony | Karnataka HC (2026)

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1 - NC: 2026:KHC:11766 CRL.P No. 14894 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14894 OF 2025 [(407(Cr.PC) / 447(BNSS)]

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BETWEEN:

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SHWETHA C.B. W/O. CHANDAN V., AGED ABOUT 39 YEARS,

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SHIVA. C.V. S/O. CHANDAN V., AGED 06 YEARS, RESPONDENT NO.2 IS A MINOR & IS REPRESENTED BY HIS MOTHER & NATURAL GUARDIAN SHWETHA C.B.

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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RESPONDENT NOS.1 & 2 ARE RESIDING AT NO.2709, 2^ND CROSS ROAD, SNAKE SHAM ROAD, VIJAYANAGAR 2^ND STAGE, MYSORE - 570 017. …PETITIONERS

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(BY SRI. V.B. RAVISHANAKAR, ADVOCATE)

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AND:

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CHANDAN V. S/O. T.T. VEERAPPA, AGED 45 YEARS, RESIDING AT NO.2679, 3^RD CROSS ROAD, 17TH MAIN ROAD, VIJAYANAGAR 2^ND STAGE, SNAKE SHAM ROAD, MYSURU-570 017.

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2 - NC: 2026:KHC:11766 CRL.P No. 14894 of 2025

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HC-KAR

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ALSO AT D.NO. 42, 10^TH CROSS ROAD, 3^RD MAIN ROAD, CHANDRA LAYOUT, VIJAYANAGAR 1^ST STAGE, BEHIND ICICI BANK, BANGALORE - 560 017.

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…RESPONDENT

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(BY SMT. SUNITHA H. SINGH, ADVOCATE)

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THIS CRL.P IS FILED UNDER SECTION 407 (FILED UNDER SECTION 447 BNSS) CR.P.C PRAYING TO TRANSFER THE CRL.MISC.NO.69/2019 TO PRINCIPAL CIVIL JUDGE AND JMFC MYSURU OR FAMILY COURT, MYSURU WHICH THIS HONBLE COURT DEEM FIT.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed under Section 407 of Code of

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Criminal Procedure praying to transfer Criminal Miscellaneous No.69/2019 on the file of Principal Civil Judge and JMFC, Mandya to Principal Civil Judge and JMFC, Mysuru or Family Court, Mysuru.

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Heard learned counsel for petitioner and learned counsel for respondent.

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3 - NC: 2026:KHC:11766 CRL.P No. 14894 of 2025

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HC-KAR

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Learned counsel for petitioner would contend

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that, petitioner No.1 is wife and petitioner No.2 is son of respondent. The petitioners instituted Criminal Miscellaneous No.69/2019 claiming maintenance under Section 125 of Cr.P.C against the respondent and it is pending on the file of Principal Civil Judge and JMFC, Mandya. The petitioners are seeking transfer of the said case from Mandya to Mysuru on the ground that she has now relocated in Mysuru and on that ground, the other cases pending between the petitioners and the respondent in the Courts at Mandya namely, M.C.No.936/2019, M.C.No.82/2019 and G & W.C. No.7/2020 have been transferred to Family Court, Mysuru by order dated 16.04.2024 passed in Civil Petition No.393/2023 by co-ordinate bench of this Court.

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Learned counsel for respondent would contend that, there are other three cases filed by the petitioners pending in the Courts of Mandya and only to harass the respondent, the petitioners are filing cases one after the

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NC: 2026:KHC:11766 CRL.P No. 14894 of 2025

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HC-KAR

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other. The respondent even though native of Mysuru, is

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now working and residing in Bengaluru.

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The co-ordinate bench of this Court in the Order

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dated 16.04.2024 passed in Civil Petition No.393/2023 has observed as under:

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"5. Insofar as the assertion that the petitioner is to relocate to Mysore and she has already taken a house for rent and has admitted the child to the school at Mysore, such assertions have not been controverted by any documents produced by the respondent to the contrary."

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Considering the said aspect, it is clear that the petitioners are now residing at Mysuru. The other three cases between the petitioners and respondent which were pending on the file of Courts at Mandya have been transferred to Family Court, Mysuru.

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Considering all the above aspects, the petitioners have made out a case for transfer of Criminal

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5 - NC: 2026:KHC:11766 CRL.P No. 14894 of 2025

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HC-KAR

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Miscellaneous No.69/2019 as sought for. In the result, the

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following:

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ORDER

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The Criminal Petition is allowed. Criminal

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Miscellaneous No.69/2019 pending on the file of Principal

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Civil Judge and JMFC, Mandya is withdrawn and ordered to

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be transferred to Family Court, Mysuru.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV List No.: 1 Sl No.: 32

Shwetha C B v. Chandan v

Case brief

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Shwetha C B v. Chandan v

Case brief

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