IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9126/2018 C/W CIVIL PETITION NO.270/2018 IN CRL.P.No.9126/2018 BETWEEN:
MR. UMESHA A.L S/O SRI. LATE LINGAHANUMAIAH A.H. AGED ABOUT 38 YEARS R/O ANTHARASSANAHALLI ARAKERE (POST) TUMKUR DISTRICT - 572 106.
... PETITIONER (BY SRI. C.R. GOPALASWAMY, ADVOCATE) AND:
MRS. SHAILASHRI H @ VANISHRI W/O UMESHA A.L D/O SRI. HANUMANTHAPPA AGED ABOUT 30 YEARS 5039/25 2ND MAIN, MCC ‘A’ BLOCK DAVANAGERE - 577 001.
ALSO, R/AT NO.2479/1, SRI VENKATESHWARA NILAYA 9TH MAIN, 2ND CROSS, M.C.C.’A’ BLOCK DAVANAGERE 577001 ... RESPONDENT (BY SMT. SARITHA KULKARNI, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S.407 CR.P.C PRAYING TO TRANSFER THE CRL.MISC.NO.134/2018 PENDING ON THE FILE OF FAMILY COURT, DAVANAGERE TO PRINCIPAL FAMILY COURT, TUMAKURU.
IN C.P.No.270/2018 BETWEEN:
SMT SHAILASHRI H @ VANISHRI D/O HANUMANTHAPPA AGE: 30 YEARS W/O UMESH A.L M.C.C. ‘A’ BLOCK, DAVANAGERE – 577 001.
... PETITIONER (BY SMT. SARITHA KULKARNI, ADVOCATE) AND:
SRI. UMESHA A.L S/O LATE LINGAHANUMAIAH A.H JUNIOR ADVOCATE AGE: 38 YEARS ANTHARASSANAHALLI ARAKERE (POST) TUMKUR DIST.
... RESPONDENT (BY SRI. C.R. GOPALASWAMY, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE CASE IN MC. NO. 101/18 FROM PRL. JUDGE, FAMILY COURT, TUMKUR TO FAMILY COURT DAVANGERE AND GRANT ANY OTHER RELIEF/S WHICH THIS HON'BLE COURT DEEMS FIT IN THE ENDS OF JUSTICE AND EQUITY.
THESE PETITIONS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These two petitions have been filed for transfer of Crl.Misc.No.134/2018 (filed by husband) pending on the file of Family Court, Davanagere to Principal Family Court, Tumakuru and M.C.No.101/2018 (filed by wife) pending on the file of Family Court, Tumakuru to Family Court, Davanagere.
2. I have heard the arguments of Sri.C R Gopalaswamy, learned Advocate appearing for petitioner in Crl.P.No.9126/2018 and Smt. Saritha Kulkarni, learned Advocate appearing for petitioner in C.P.No.270/2018.
3. Petitioners in these two petitions are husband and wife whose marriage came to be solemnized on 09.11.2016 and on account of certain differences, it has resulted in filing several cases against each other. In these proceedings, two such litigations namely, petition filed by the wife for maintenance and petition filed by the husband for dissolution of marriage are subject matter of consideration. Wife is seeking for transfer of the M.C.No.101/2018 from Family Court, Tumakuru to Family Court, Davanagere whereas, husband is seeking transfer of Criminal Misc.No.134/2018 filed by the wife seeking maintenance under Section 125 Cr.P.C. pending before Family Court, Davanagere to Principal Family Court, Tumakuru.
4. Having heard the learned Advocates appearing for parties and having regard to the fact that husband is a practicing Advocate at Tumakuru and wife is without any avocation and also without any issues, interest of justice will be met if both these petitions are transferred to a place where both parties can travel to a place and return to their respective places without much difficulty being faced. It is not in dispute that Hiriyur is at a equidistance between Davanagere (where wife lives) and Tumakuru (where husband resides).
5. Yet another factor which sways in the mind of this Court to transfer the Crl.Misc.Petition No.134/2018 from Family Court, Davanagere to Senior Civil Judge, Hiriyur is the fact that a complaint has been lodged by the husband on 11.04.2018 with the Rural police, Tumakuru apprehending threat to his life at Davanagere alleging that relatives of his wife had attempted to assault him when he visited Davanagere though it has been denied by Smt.Sarita Kulkarni, learned Advocate appearing for the wife. Yet, the fact remains that there is a apprehension in the mind of husband that there is threat to his life and as such, in order to put quietus to such apprehension and to ensure that least inconvenience is caused to both parties, it is hereby ordered that both petitions be transferred to Senior Civil Judge, Hiriyur for being disposed of on merits from the stage at which they are. At the same time, apprehension expressed by Smt.Sarita Kulkarni that husband is unnecessarily protracting the proceedings also requires to be allayed by directing the jurisdictional transferee Court to dispose of the matrimonial dispute i.e., M.C.No.101/2018 expeditiously and in a time bound manner.
6. Hence, I proceed to pass the following: ORDER (i) Criminal Petition No.9126/2018 and C.P.No.270/2018 are hereby allowed.
(ii) Crl.Misc.No.134/2018 pending on the file of Family Court, Davanagere and M.C.No.101/2018 pending on the file of Family Court, Tumakuru is ordered to be transferred to Senior Civil Judge, Hiriyur for being disposed of on merits and in accordance with law.
(iii) Jurisdictional Court shall dispose of M.C.No.101/2018 expeditiously at any rate, within 9 months from today.
(iv) It is also made clear that husband shall pay expenses to wife towards travelling, food, etc. @ Rs.1.000/- per hearing to the wife i.e., whenever she attends the Court at Hiriyur for hearing and said payment shall be condition precedent to permit the husband to participate in the proceedings.
All pending applications stands consigned to records.
SD/- JUDGE *sp