IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CIVIL PETITION NO.370 OF 2019 C/W CIVIL PETITION NO.363 OF 2019 IN C.P.NO.370/2019 BETWEEN:
SRI J.K.RAGAVENDRA PRATHAP S/O SRI KRUPASHANKAR RAO N. JINGADE AGED ABOUT 38 YEARS R/AT NO.119, 80 FEET MAIN ROAD S.B.M.COLONY, B.S.K. 1ST STAGE BENGALURU – 560 050 ...PETITIONER (BY SRI P.R.NARENDRA, ADV. FOR SRI SRINIVAS.A.R., ADV.) AND SMT.MADHURI D/O LATE R.C.MOHAN RAO W/O SRI J.K.RAGAVENDRA PRATHAP AGED ABOUT 28 YEARS R/AT NO.17/1, 4TH CROSS, 2ND STAGE DAMODHARA COLONY, HUDCO VINOBANAGAR SHIVAMOGGA – 577 204 ...RESPONDENT (BY SRI H.MALATESH, ADV.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAWING THE CRL.MISC.NO.86/2019 PENDING BEFORE THE PRINCIPAL FAMILY JUDGE AT SHIVAMOGGA AND TRANSFER THE SAID PETITION TO PRINCIPAL FAMILY JUDGE AT BENGALURU.
IN C.P.NO.363/2019 BETWEEN:
SMT.MADHURI AGED ABOUT 28 YEARS D/O LATE R.C.MOHAN RAO R/AT NO.17/1, 4TH CROSS, 2ND STAGE DAMODHARA COLONY, HUDCO 100 FEET ROAD, VINOBANAGAR SHIVAMOGGA – 577 204 ...PETITIONER (BY SRI H.MALATESH, ADV.) AND SRI J.K.RAGAVENDRA PRATHAP AGED ABOUT 38 YEARS S/O SRI KRUPASHANKAR RAO N. JINGADE R/AT NO.119, 80 FEET MAIN ROAD S.B.M.COLONY, B.S.K., 1ST STAGE BENGALURU – 560 050 ...RESPONDENT (BY SRI P.R.NARENDRA, ADV. FOR C/R) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PROCEEDINGS IN M.C.NO.5145/2019 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, BANGALORE TO THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA.
THESE CIVIL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R C.P.No.370/2019 is filed by the husband seeking transfer of Crl.Misc.No.86/2019 from the file of Principal Judge, Family Court, Shivamogga, to the Principal Judge, Family Court, Bengaluru.
2. The wife has filed C.P.No.363/2019 seeking transfer of M.C.No.5145/2019 from the file of Principal Judge, Family Court, Bengaluru to Principal Judge, Family Court, Shivamogga.
3. Petitioner in C.P.No.370/2019 is the husband and respondent in the said case is wife. Parties will be referred to henceforth as per their ranks in C.P.No.370/2019.
4. The marriage of the petitioner and respondent was solemnized on 27th April 2018 at Gauribidanur. The parties last resided together at Bengaluru. It appears that serious differences arose between them. Therefore, the respondent is residing with her parents at Shivamogga.
5. Respondent has filed C.Misc.No.86/2019 against the petitioner before the Principal Judge, Family Court, Shivamogga, under Section 125 of Cr.P.C. claiming maintenance alleging that husband though had sufficient means has neglected to maintain her. Subsequent to that, the petitioner has filed M.C.No.5145/2019 against the wife seeking dissolution of the marriage on the ground of cruelty.
6. The sole ground for the petitioner to seek transfer of Crl.Misc.No.86/2019 from the Family Court, Shivamogga to the Family Court, Bengaluru, is that, he is facing threats in attending the court at Shivamogga.
7. Learned Counsel for the petitioner submits that the said allegation is substantiated by the copies of the complaints dated 12.9.2019 produced by him at Annexures-E to H.
8. Whereas, learned Counsel for the respondent submits that those documents are produced only to make a ground in his petition and no case is registered based on those complaints. He further contends that in fact, the wife has the threats in attending the court at Bengaluru and husband threatened her to the gunpoint when she visited the matrimonial home.
9. As rightly pointed out by the learned Counsel for the respondent, Annexures-E to H only show that some complaints were purportedly addressed to Superintendent of Police, Shivamogga and Commissioner of Police, Bengaluru City. However, nothing is produced to show any criminal case was registered against the respondent and her relatives based on such complaints or investigation was taken up. In those complaints, there are no specific allegations of any specific criminal overt-acts.
10. It is not disputed that the respondent is residing with her parents at Shivamogga. It is not the case of the petitioner that respondent has any source of her own income. She has pleaded the financial hardship and difficulty in traveling from Shivamogga to Bengaluru.
11. Under the circumstances, it is just and expedient to withdraw and transfer the case as prayed for in C.P.No.363/2019.
Therefore, C.P.No.370/2019 is dismissed.
C.P.No.363/2019 is allowed. M.C.No.5145/2019 pending on the file of Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Principal Judge, Family Court, Shivamogga, for disposal in accordance with law.
If the petitioner/husband faces any threats, it is open to him to seek appropriate protection before the court at Shivamogga.
Sd/- JUDGE KNM/-