Karnataka High Court
Kishore H vs Smt. Srilakshmi N @ Lavanya on 23 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:42803
CP No. 166 of 2024
C/W CP No. 526 of 2023
CRL.P No. 5695 of 2024
AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
CIVIL PETITION NO.166 OF 2024
C/W
CIVIL PETITION NO.526 OF 2023
CRIMINAL PETITION NO.5695 OF 2024
CRIMINAL PETITION NO.7111 OF 2024
CRIMINAL PETITION NO.7138 OF 2024
IN CP NO.166/2024:
BETWEEN:
1. KISHOR H.
AGED ABOUT 31 YEARS
S/O. SRI. HARISH M.
R/AT R. F. ROAD
OPP. VENUGOPALASWAMY TEMPLE
Digitally MALUR TOWN
signed by KOLAR DISTRICT-563 130.
KIRAN ...PETITIONER
KUMAR R
Location: (BY SRI VISHWANATH R. HEGDE, ADVOCATE)
HIGH
COURT OF AND:
KARNATAKA
1. SMT. SHREELAKSHMI N. @ LAVANYA
W/O. SRI KISHOR H.
AGED ABOUT 27 YEARS
R/AT NO.54/1,OLD NO.10
SHIVASAI NILAYA, HADOSIDDAPURA VILLAGE
CARMELARAM POST, BENGALURU-560 035.
...RESPONDENT
(BY SRI ANAND R. V., ADVOCATE)
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NC: 2024:KHC:42803
CP No. 166 of 2024
C/W CP No. 526 of 2023
CRL.P No. 5695 of 2024
AND 2 OTHERS
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
CPC, PRAYING TO PASS AN ORDER FOR TRANSFER OF THE
CASE M.C.NO.138/2023 FILED BY THE RESPONDENT HEREIN
UNDER SECTION 9 OF THE HINDU MARRIAGE ACT PENDING
BEFORE THE III ADDITIONAL SENIOR CIVIL JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU TO THE COURT OF
THE SENIOR CIVIL JUDGE AND JMFC, MALUR, WHERE THE
PETITION IN M.C.NO.75/2023 FILED BY THE PETITIONER
UNDER SECTION 13 OF THE HINDU MARRIAGE ACT FOR
DIVORCE AGAINST THE RESPONDENT IS PENDING
CONSIDERATION AND GRANT SUCH OTHER AND FURTHER
RELIEFS AS ARE JUST.
IN CP NO.526/2023:
BETWEEN:
1. SMT. SHREELAKSHMI N.
ALIAS LAVANYA N.
AGED ABOUT 26 YEARS
W/O. KISHOR H. D.
D/O. NAGARAJ
R/AT NO.10, 54/1
HADOSIDDAPURA VILLAGE
CARMELARAM POST
BENGALURU - 560 035.
...PETITIONER
(BY SRI ANAND R. V., ADVOCATE)
AND:
1. SHRI KISHOR H.
S/O. HARISH M.
AGED ABOUT 30 YEARS
R/O. BRINDAVANAM
PATALAMMA EXTENSION
RAILWAY FEEDER ROAD
MALUR TOWN, MALUR - 563 130.
...RESPONDENT
(BY SRI VISHWANATH R. HEGDE, ADVOCATE)
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NC: 2024:KHC:42803
CP No. 166 of 2024
C/W CP No. 526 of 2023
CRL.P No. 5695 of 2024
AND 2 OTHERS
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
CPC, PRAYING TO TRANSFER THE CASE IN
M.C. NO.75/2023 FILED UNDER SECTION 13(1)(a) OF
HINDU MARRIAGE ACT, PENDING BEFORE THE SENIOR
CIVIL JUDGE AND JMFC AT MALUR, KOLAR DISTRICT TO
PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN THE
INTEREST OF JUSTICE.
IN CRL.P NO.5695/2024:
BETWEEN:
1. KISHOR H.
AGED ABOUT 31 YEARS
S/O. SRI. HARISH M.
R/AT R. F. ROAD
OPP. VENUGOPALASWAMY TEMPLE
MALUR TOWN
KOLAR DISTRICT-563 130.
...PETITIONER
(BY SRI VISHWANATH R. HEGDE, ADVOCATE)
AND:
1. SMT. SHREELAKSHMI N. @ LAVANYA
W/O. SRI KISHOR H.
AGED ABOUT 27 YEARS
R/AT NO.54/1, OLD NO.10
SHIVASAI NILAYA
HADOSIDDAPURA VILLAGE
CARMELARAM POST
BENGALURU - 560 035.
2. SRI HARISH M.
AGED ABOUT 58 YEARS
S/O. SRI MUNIVENKATARAMANA
(WRONGLY SHOWN AS
MUNIVENKATAPPA IN FIR)
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NC: 2024:KHC:42803
CP No. 166 of 2024
C/W CP No. 526 of 2023
CRL.P No. 5695 of 2024
AND 2 OTHERS
3. SMT. PADMAVATHI P.
AGED ABOUT 47 YEARS
W/O. SRI HARISH M.
RESPONDENT NOS.2 AND 3 ARE R/AT
R. F. ROAD, OPP.VENUGOPALASWAMY TEMPLE
MALUR TOWN, KOLAR - 563 130.
4. N. PAPANNA
AGED 82 YEARS
S/O. K. NANJUNDAPPA
R/AT NO.BEECHAGONDAHALLI
SANTHEKALLAHALLI POST
VEMAGAL HOBLI
KOLAR TALUK AND DISTRICT - 563 128.
5. DR. B. P. SHIVASHANKAR
AGED 45 YEARS
S/O. SRI N. PAPANNA
R/AT 31, SIHI GUDU SURYA
HERMITAGE LAYOUT, DODDABALLAPURA MAIN ROAD
NEAR ZED EARTH VILLA, 2ND STAGE
HESARGHATTA HOBLI, KADATHANAMALE
BENGALURU - 561 203
WORKING AS ASSOCIATE PROFESSOR
INSTITUTE OF ANIMAL HEALTH AND VETERINARY
BIOLOGICAL HEBBAL
BENGALURU - 560 024.
6. SMT. B. P. AMBUJAKSHI
AGED ABOUT 40 YEARS
W/O. T. S. SHIVANANDA
R/AT NEAR DELHI PUBLIC SCHOOL
CLUB ROAD, ASHWINI WEST EXTENSION
CHINTAMANI, CHIKKABALLAPURA - 563 125
WORKING AS ASSISTANT TEACHER
GUNNAHALLI, GOVT.HIGHER PRIMARY SCHOOL
CHITHAMANI - 563 125.
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NC: 2024:KHC:42803
CP No. 166 of 2024
C/W CP No. 526 of 2023
CRL.P No. 5695 of 2024
AND 2 OTHERS
7. T. S. SHIVANANDA
AGED ABOUT 44 YEARS
S/O. SRI SRIRAMAPPA
R/AT 202, NEAR DELHI PUBLIC SCHOOL
CLUB ROAD, ASHWINI WEST EXTENSION
CHINTHAMANI
CHIKKABALLAPURA - 563 125
WORKING AS SUPERINTENDENT
O/O ASSISTANT DIRECTOR OF AGRICULTURE
CHINTHAMANI - 563 125.
8. MADHUKIRAN H.
AGED ABOUT 24 YEARS
S/O. HARISH
R/AT RF ROAD
VENUGOPALASWAMY TEMPLE MUMBAGA
MALUR TOWN
KOLAR DISTRICT - 563 130.
9. ABHIJITH Y. C.
AGED ABOUT 30 YEARS
S/O. SRI CHANDRA NAIK K. H.
R/AT 206, YALLODAHALLI
DAVANAGERE - 577 551
WORKING AS ASST. HORTICULTURE OFFICER
HOSAKOTE TALUK.
...RESPONDENTS
(BY SRI ANAND R. V., ADVOCATE FOR R-1)
THIS CRL.P IS FILED UNDER SECTION 407 CR.P.C
PRAYING TO PASS AN ORDER FOR TRANSFER OF THE CASE
C.C.NO.24372/2023 (ARISING OUT OF CR.NO.78/2023)
PENDING ON THE FILE OF THE 41ST A.C.M.M BENGALURU
CITY TO THE COURT OF THE SENIOR CIVIL JUDGE AND
J.M.F.C MALUR AND ETC.
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NC: 2024:KHC:42803
CP No. 166 of 2024
C/W CP No. 526 of 2023
CRL.P No. 5695 of 2024
AND 2 OTHERS
IN CRL.P NO. 7111/2024:
BETWEEN:
1. KISHOR H.
AGED ABOUT 31 YEARS
S/O. SRI. HARISH M.
R/AT R. F. ROAD, PATTALAMMA EXT.
OPP. VENUGOPALASWAMY TEMPLE
17TH WARD, MALUR TOWN
KOLAR DISTRICT-563 130..
...PETITIONER
(BY SRI VISHWANATH R. HEGDE, ADVOCATE)
AND:
1. SMT. SRILAKSHMI N. @ LAVANYA
W/O. SRI KISHORE H.
AGED ABOUT 27 YEARS
R/AT NO. 54/1, OLD NO. 10
SHIVASAI NILAYA, HADOSIDDAPURA VILLAGE
CARMELARAM POST, BENGALURU - 560 035.
2. SMT. PADMAVATHI
W/O. HARISH M.
AGED ABOUT 48 YEARS
3. SRI HARISH M.
S/O. LATE MUNIVENKATAPPA
AGED ABOUT 59 YEARS
RESPONDENT NOS.2 AND 3 ARE
R/AT R. F. ROAD, PATTALAMMA EXT.
OPP. VENUGOPALASWAMY TEMPLE, 17TH WARD
MALUR TOWN, KOLAR DISTRICT - 563 130.
...RESPONDENTS
(BY SRI ANAND R. V., ADVOCATE FOR R-1)
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NC: 2024:KHC:42803
CP No. 166 of 2024
C/W CP No. 526 of 2023
CRL.P No. 5695 of 2024
AND 2 OTHERS
THIS CRL.P IS FILED UNDER SECTION 407 CR.PC
PRAYING TO PASS AN ORDER FOR TRANSFER OF THE CASE
CRL.MISC.NO.32/2023 FIELD U/S. 12 OF THE DOMESTIC
VIOLENCE ACT, ON THE FILE OF THE MMTC VI-CMM
TRAFFIC COURT AT BENGALURU MARKED AT ANNEXURE-H
TO THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC,
MALUR TO BE TAKEN UP ALONG WITH CONNECTED
MATTERS AND GRANT SUCH OTHER AND FURTHER
RELIEFS AS ARE JUST.
IN CRL.P NO. 7138/2024
BETWEEN:
1. KISHORE H.
S/O. SRI HARISH M.
AGED ABOUT 31 YEARS
R/AT R. F. ROAD
OPP. VENUGOPALASWAMY TEMPLE
MALUR TOWN, KOLAR DISTRICT - 563 130
ALSO AT:
OFFICE AT: ASSISTANT HO
HORTICULTURE OFFICERS
DEPARTMENT OF HORTICULTURE
HOSKOTE, BENGLAURU RURAL.
...PETITIONER
(BY SRI VISHWANATH R. HEGDE, ADVOCATE)
AND:
1. SMT. SRILAKSHMI N. @ LAVANYA
W/O. SRI KISHORE H.
AGED ABOUT 27 YEARS
R/AT NO.54/1, OLD NO.10
SHIVASAI NILAYA, HADOSIDDAPURA VILLAGE
CARMELARAM POST, BENGALURU - 560 035.
...RESPONDENT
(BY SRI ANAND R. V., ADVOCATE)
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NC: 2024:KHC:42803
CP No. 166 of 2024
C/W CP No. 526 of 2023
CRL.P No. 5695 of 2024
AND 2 OTHERS
THIS CRL.P IS FILED UNDER SECTION 407 CR.P.C
PRAYING TO TRANSFER THE CRL.MISC.NO.596/2023 FILED
UNDER SEC.125(1) OF CRPC BEFORE THE PRINCIPAL
JUDGE, FAMILY COURT, BENGLAURU TO THE COURT OF
THE SENIOR CIVIL JUDGE AND JMFC MALUR TO BE TAKEN
UP ALONG WITH CONNECTED MATTERS.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The husband is before this Court seeking transfer of M.C.No.138/2023 filed by the wife under Section 9 of the Hindu Marriage Act before the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru to the Court of the Senior Civil Judge and JMFC Malur.
2. The husband has also filed three petitions under Section 407 of the CrPC seeking transfer of the criminal proceedings initiated by the wife under Section 125(1) of CrPC in Crl.Misc.No.596/2023 (pending before the Principal Judge, Family Court, Bengaluru), the Crl.Misc.No.32/2023 filed under Section 12 of the Domestic Violence Act, which is pending before the VI Additional Chief Metropolitan -9- NC: 2024:KHC:42803 CP No. 166 of 2024 C/W CP No. 526 of 2023 CRL.P No. 5695 of 2024 AND 2 OTHERS Magistrate, Traffic Court, Bengaluru and C.C.No.24372/2023, which is pending before the XLI Additional Chief Metropolitan Magistrate, Bengaluru to the court of the Senior Civil Judge and JMFC at Malur.
3. The wife has also filed a petition seeking transfer of M.C.No.75/2023, which has been initiated by the husband for divorce from the Senior Civil Judge and JMFC, Malur to the Principal Judge, Family Court at Benglauru.
4. It is the case of the husband that it would be inconvenient for him to travel to Bengaluru since he is working in Malur and would not be able to secure leave.
5. On the other hand, the wife contends that she has already initiated three proceedings which are pending before the Criminal Courts at Bengaluru and at the Family Court and that she has a two year old daughter to take care of and it would be extremely difficult for her to travel to Malur.
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NC: 2024:KHC:42803 CP No. 166 of 2024 C/W CP No. 526 of 2023 CRL.P No. 5695 of 2024 AND 2 OTHERS
6. In my view, since the wife has a two year old child to take care of, the prayer of the husband to transfer the two criminal cases and a proceeding initiated under Section 125 of the CrPC from Bangalore to Malur cannot be accepted.
7. On the other hand, the request of the wife to transfer the case which has been filed by the husband for divorce is required to be transferred to the Principal Judge, Family Court at Bengaluru.
8. Consequently, the petition filed by the husband for transfer of Crl.Misc.No.596/2023, Crl.Misc.32/2023 filed under Section 12 of the Domestic Violence Act and C.C.No.24372/2023 are rejected.
9. The petition filed by the wife for transfer of M.C.No.75/2023 from the Senior Civil Judge and JMFC Malur to the Principal Judge, Family Court at Bengaluru is allowed and M.C.No.75/2023 is withdrawn and transferred to the Principal Judge, Family Court at Bengaluru. Since
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NC: 2024:KHC:42803 CP No. 166 of 2024 C/W CP No. 526 of 2023 CRL.P No. 5695 of 2024 AND 2 OTHERS the wife has initiated proceedings under Section 125 (1) of the CrPC and also under Section 12 of the Domestic Violence act, it would be appropriate to direct the VI Additional Chief Metropolitan Magistrate to club both these cases and assign them to the XLI Additional Chief Metropolitan Magistrate at Bengaluru.
10. Since the husband has initiated the proceedings for divorce before the Senior Civil Judge and JMFC at Malur and the wife has initiated the proceedings under Section 9 of the Hindu Marriage Act, before the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru, in my view, it would be appropriate to withdraw M.C.No.138/2023 from the III Additional Senior Civil Judge at Bengaluru Rural District and also M.C.No.75/2023 from the Senior Civil Judge and JMFC at Malur and transfer them to the Principal Judge, Family Court at Bengaluru for disposal in accordance with law.
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NC: 2024:KHC:42803 CP No. 166 of 2024 C/W CP No. 526 of 2023 CRL.P No. 5695 of 2024 AND 2 OTHERS
11. Consequently, petition filed by the husband in C.P.No.166/2024 and by the wife in C.P.No.526/2023 are disposed of in the manner stated above.
Sd/-
(N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 28