Karnataka High Court
Spurthi W/O Jagadish Navalgund vs Jagadish S/O Gurupadappa Navalgund on 11 April, 2023
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CRL.P No. 100666 of 2023
C/W CRL.P No. 100668 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 100666 OF 2023 (407)
C/W
CRIMINAL PETITION NO. 100668 OF 2023 (407)
IN CRL.P.NO.100666/2023
BETWEEN:
SPURTHI W/O JAGADISH NAVALGUND,
A/a: 33 YEARS, OCC: HOUSEHOLD,
R/O: 2ND STAGE, RAJIVA NAGAR, HUBBALLI,
NOW RESIDING AT
C/O: VIJAYAKUMAR B. KABADAR,
NEAR SAGAR SUPER MARKET,
KALASAPUR ROAD, NEAR HUDCO COLONY,
GADAGA-582 103.
...PETITIONER
(BY SRI VISHWANATH HEGDE, ADVOCATE)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
AND:
COURT OF
KARNATAKA
DHARWAD
JAGADISH S/O GURUPADAPPA NAVALGUND,
AGE ABOUT 41 YEARS, OCC: BUSINESS,
R/O: H.NO.54, ANNAPURNESHWARI
NILAYA, SRINAGAR, SHIGGAON,
DIST: HAVERI-581 205.
...RESPONDENT
(BY RESPONDENT SERVED)
THIS CRIMINAL PETITION IS FILED U/SEC.407(1) OF
CR.P.C. SEEKING TO TRANSFER THE PETITION AT CRL.MISC.
NO.76/2022 ON THE FILE OF PRL. JUDGE FAMILY COURT
GADAG.
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CRL.P No. 100666 of 2023
C/W CRL.P No. 100668 of 2023
IN CRL.P.NO.100668/2023
BETWEEN:
SPURTHI W/O JAGADISH NAVALGUND,
A/a: 33 YEARS, OCC: HOUSEHOLD,
R/O: 2ND STAGE, RAJIVA NAGAR, HUBBALLI,
NOW RESIDING AT:
C/O: VIJAYAKUMAR B. KABADAR,
NEAR SAGAR SUPER MARKET,
KALASAPUR ROAD, NEAR HUDCO COLONY,
GADAGA-582103.
...PETITIONER
(BY SRI VISHWANATH HEGDE, ADVOCATE)
AND:
JAGADISH S/O GURUPADAPPA NAVALAGUND,
AGE ABOUT 41 YEARS, OCC: BUSINESS,
R/O: H.NO.54, ANNAPURNESHWARI
NILAYA, SRINAGAR, SHIGGAON,
DIST: HAVERI-581 205.
...RESPONDENT
(BY RESPONDENT SERVED)
THIS CRIMINAL PETITION IS FILED U/S 407 (1) OF
CR.P.C., SEEKING TO TRANSFER THE PETITION AT CRL.MISC
NO.50/2022 ON THE FILE OF I ADDL CIVIL JUDGE AND JMFC
HUBBALLI TO JURISDICTIONAL COURT AT GADAG.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Since the parties to these petitions are common and the relief sought is similar, these two petitions are clubbed together and decided by common order.
-3-CRL.P No. 100666 of 2023 C/W CRL.P No. 100668 of 2023
2. Petitioner who is the wife has filed these petitions under Section 407(1) of the Code of Criminal Procedure, 1908 (for short, 'Cr.P.C.') to transfer Crl.Misc.No.50/2022 filed U/sec.12 of D.V. Act on the file of I Addl. Civil Judge and J.M.F.C., Hubballi to the jurisdictional Court at Gadag and Crl.Misc.76/2022 filed U/sec.125 Cr.P.C. on the file of Principal Judge Family Court, Hubballi to the Court of Principal Judge Family Court, Gadag.
3. Petitioner has contended that when she filed Crl.Misc.No.50/2022 and Crl.Misc.No.76/2022, she was residing at Hubballi. During August 2022, respondent who is her husband left her without any intimation and settled at Shiggaon, which is his native place. He did not even pay the rent of the house and without any alternative, petitioner went to her parental home and at present she is residing at Gadag with her aged parents. It is very difficult for her to attend the Court proceedings at Hubballi. She needs escort every time she has to attend the Court -4- CRL.P No. 100666 of 2023 C/W CRL.P No. 100668 of 2023 proceedings. In the circumstances, she is constrained to file these petitions.
4. Despite due service of notice, respondent has not chosen to appear and contest the petitions.
5. Heard arguments and perused the record.
6. According to the petitioner, her marriage with respondent was solemnized on 07.07.2014. At the time of marriage, respondent and his family members demanded and received dowry. However, they harassed and ill- treated her. Though during August 2018, respondent set up a separate residence on rental basis, he failed take care of her and ultimately left her. He has also filed M.C.No.373/2021 on the file of Principal Judge Family Court, Hubballi U/sec.13(1)(i-a) of Hindu Marriage Act without any basis. On the other hand, petitioner has filed Crl.Misc.No.50/2022 U/sec.12 of D.V. Act. She is granted ex-parte interim maintenance @ Rs.5,000/- per month. -5- CRL.P No. 100666 of 2023 C/W CRL.P No. 100668 of 2023
7. Now through these petitions, petitioner is seeking transfer of Crl.Misc.No.50/2022 to the jurisdictional Court at Gadag and Crl.Misc.No.76/2022 to the Principal Judge Family Court, Gadag, on the ground that though at the time of filing this petition, she was residing at Hubballi, subsequently she was forced to shift to her parental home at Gadag and therefore, it would be convenient and expedient to transfer the said petitions to jurisdictional Court at Gadag.
8. Respondent has not contested the petitions and thereby the entire case of the petitioner has remained un- controverter. Now the question would be to which Court these proceedings are required to be transferred and to whom the comparative hardship would be more. As held by the Hon'ble Supreme Court in several judgments, more particularly, in Sumita Singh Vs. Kumar Sanjay & Anr1 and Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi2, in matrimonial disputes, the convenience of 1 AIR 2002 SC 396 2 (2005) 12 SCC 237 -6- CRL.P No. 100666 of 2023 C/W CRL.P No. 100668 of 2023 the wife is the paramount consideration. As a woman, the wife may find it difficult to travel to Hubballi to attend the cases. She may need someone to escort her. It may also be difficult for the husband to attend the cases outside Hubballi. However, comparative hardship would be less.
9. Petitioner is seeking transfer of Crl.Misc.50/2022 filed under Section 12 of D.V. Act to the Jurisdictional Court at Gadag and Crl.Misc.76/2022 filed under Section 125 Cr.P.C. to the Court of Principal Family Court, Gadag. Under D.V. Act it is the Judicial Magistrate of First Class or as the case may be the Metropolitan Magistrate exercising jurisdiction under Cr.P.C. in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place, who is empowered to decide the matter.
10. Similarly under Section 125 Cr.P.C. also it is the Judicial Magistrate of First Class, who is empowered to decide the petition. Though Family Court may not be -7- CRL.P No. 100666 of 2023 C/W CRL.P No. 100668 of 2023 empowered to decide a matter arising out of D.V. Act, there is no impediment for the magistrate who is dealing with the cases under D.V. Act to decide a dispute arising out of 125 Cr.P.C. Therefore, this Court is of the considered opinion that both petitions are to be transferred to the Jurisdictional Magistrate dealing with the cases under D.V. Act, so as to avoid multiplicity of proceedings and conflicting judgments. However this order is confined to the peculiar facts and circumstances of this case and shall not be treated as precedent.
11. Taking into consideration these aspects, this Court is of the considered opinion that petitions deserves to be allowed and accordingly, I proceed to pass the following:
ORDER Crl.Misc.No.50/2022 filed under Section 12 of D.V. Act on the file of I addl. Civil judge and JMFC, Hubballi and Crl.Misc.76/2022 filed under Section 125 of Cr.P.C. on the file of Principal Judge, Family Court, Hubballi are -8- CRL.P No. 100666 of 2023 C/W CRL.P No. 100668 of 2023 withdrawn and transferred to the Judicial Magistrate of First Class-II, Gadag who is stated to be dealing with matters arising out of D.V. Act.
SD/-
JUDGE CLK List No.: 1 Sl No.: 16/CT-AK