Karnataka High Court
Smt. Jayashree vs Sri. Babu Pattar on 7 September, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:32185
CRL.P No. 2995 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 2995 OF 2023
BETWEEN:
1. SMT. JAYASHREE
W/O. BABU PATTAR
AGED ABOUT 48 YEARS
OCC: HOUSEHOLD WORK
2. KUM. SANJANA
D/O. BABU PATTAR
AGED ABOUT 17 YEARS
OCC: STUDENT
REPRESENTED BY HER NATURAL GUARDIAN
MOTHER SMT. JAYASHREE
THE 1ST PETITIONER HEREIN
BOTH ARE R/O. JALANAGAR
VIJAYAPUR - 586 109.
...PETITIONERS
Digitally signed by (BY SRI. VINAYAKA. S. KOTI., ADVOCATE FOR,
LAKSHMINARAYANA
MURTHY RAJASHRI SRI. GANGADHAR G. D., ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
SRI. BABU PATTAR
S/O. IRANNA PATTAR
AGED ABOUT 49 YEARS
OCC: SERVICE IN JUDICIAL DEPARTMENT
SENIOR CIVIL JUDGE AND J.M.F.C.
COURT, SAVANUR
TALUK: SAVANUR - 581 118.
DISTRICT: HAVERI.
...RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
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NC: 2023:KHC:32185
CRL.P No. 2995 of 2023
THIS CRL.P IS FILED U/S.407 OF CR.P.C PRAYING TO
TRANSFER THE CRL.MISC.NO.65/2022 PENDING ON THE FILE
OF PRINCIPAL JUDGE, FAMILY COURT, MANGALURU TO THE
FAMILY COURT AT VIJAYAPURA TO PROCEED ACCORDING TO
LAW.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
JUDGMENT
1. This petition is filed under section 407 of Cr.P.C
seeking transfer of Crl.Misc.No.65/2022 pending on the file
of Prl. Family Court at Mangalore to the Family Court at
Vijayapura.
2. Heard the learned counsel for the petitioners. In-
spite of service of notice to respondent, the respondent
remained absent and un-represented.
3. The 1st petitioner is the wife and the 2nd
petitioner is the daughter of the respondent. The marriage
of first petitioner with the respondent as to taken place on
21.11.2003 at Vijayapura. The petitioner No.2 born out of
the wedlock the 1st petitioner and respondent.
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CRL.P No. 2995 of 2023
4. The petitioners filed MC.No.307/2005 on the filed
of IV Addl. Civil Judge and JMFC, Mangaluru, under section
125 of Cr.P.C against the respondent for grant of
maintenance. The said MC.No.307/2005 disposed of on
the joint memo filed by the petitioners and the respondent
on 24.01.2006 and a sum of Rs.1,000/- p.m., for each to
the petitioner No.1 and 2, has to be paid by the
respondent as per the terms of said joint memo. The said
petition came to be allowed on joint memo.
5. The petitioners seeking enhancement of the
maintenance amount filed a petition in Crl.Misc.65/2022
filed under section 127 of Cr.P.C and it is pending on the
file of Prl. Family Court, Mangalore. In the said
Crl.Misc.65/2022, notice has been served on the
respondent and he remained absent and now the case is
posted for enquiry.
6. The transfer is sought on the ground that the
petitioners are now residing at Vijayapura and there is
difficulty for them to travel from Vijapura to Mangaluru,
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CRL.P No. 2995 of 2023
which is at a distance of 750 kms. As per averments in
para No.4 of petition in Crl.Misc.No.65/2022 the
respondent is working as SDA in Prl. Senior Civil Judge
and JMFC, Savanur Taluk, Haveri District. The learned
counsel for the petitioners submits that the respondent is
now promoted as Shirasthedar and now he is working in
the same court. The distance between Savanuru and
Vijayapura is about 150 kms, if the case is transferred as
sought for, the respondent will not be put to
inconvenience, since it is nearer than Mangalore. Copies of
aadhar card of petitioners are produced, wherein it is
shown that the petitioners are residing at Vijayapura. The
petitioners have made out case for transfer as sought. In
the result, the following:
ORDER
The petition is allowed.
The Crl.Misc.No.65/2022 pending on
the file of Prl. Judge Family Court,
Mangaluru is ordered to be withdrawn and
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CRL.P No. 2995 of 2023
transfered to Family Court, Vijayapura to
proceed in accordance with.
Sd/-
JUDGE
PNV,RMS
CT: AVB
