Karnataka High Court
Mr. Sikandar Pasha S/O Akbar vs Smt. Syed Aisha Farheen W/O Sikandar ... on 6 October, 2023
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NC: 2023:KHC-D:11937
CRL.P No. 101726 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101726 OF 2023
BETWEEN:
1. MR. SIKANDAR PASHA S/O. AKBAR,
AGED ABOUT 38 YEARS,
OCC: PRIVATE SERVICE,
R/O.NO.58/59, 2ND MAIN,
2ND CROSS, NEAR R.K.PALACE
MARRIAGE HALL KAVERI NAGAR,
R.T.NAGAR, BENGALURU PIN-560032.
2. SMT. RESHMA BANU W/O SYED TANVEER
AGE. 39 YEARS, OCC. HOUSEWIFE,
NEAR K.G.HALLI POLICE STATION,
16, 2ND MAIN SAHAB MASJID ROAD,
SAMADHANA NAGAR K.G.HALLI,
BANGALURU NORTH PIN-560045.
3. SMT. MOUSINA BANU
ANNAPURNA
CHINNAPPA AGE: 28 YEARS, OCC. HOUSEWIFE,
DANDAGAL R/O. 667/A, 8TH CROSS,
Digitally signed
9TH MAIN, 1ST STAGE,
by ANNAPURNA
CHINNAPPA
3RD BLOCK, NEAR BDA COMPLEX,
DANDAGAL HRB LAYOUT BANGALURU NORTH PIN. 560043.
4. MOHAMED AZEEMULLA PASHA,
AGE: 31 YEARS, OCC: LAW STUDENT,
C/O. AKBAR, 320, OLD MASJID MOHALLA,
KALAYAGATE, MAGADI TOWN,
RAMANAGARA-562120.
...PETITIONERS
(BY SRI. A. R. PATIL, ADVOCATE)
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NC: 2023:KHC-D:11937
CRL.P No. 101726 of 2023
AND:
1. SMT. SYED AISHA FARHEEN
W/O SIKANDAR PASHA,
AGE: 29 YEARS,
OCC. TECHNICAL LEAD,
D/O: MR. SYED JEELAN AND
MR.S. SYED KAREMUNISSA,
150, 1ST FLOOR, SHAMS RESIDENCY,
5TH CROSS, PILLANNA GARDEN,
3RD STAGE, BANGALORE-560045,
PHONE: 9380116570.
ALSO,
WORKS IN THE DEPARTMENT,
APPS SI FS-DB-CDU, 51-APPS, SMART,
SITUATED AT HCL TECHNOLOGIES LTD,
BANGALORE, SEZ, 129, JIGANI,
BOMMASANDRA LINK ROAD,
JIGANI INDUSTRIALA AREA,
BANGALORE-562106,
PHONE. 9380116570
EMPLOYEE ID 51639688.
2. KUMAR MOHAMMED UMAR SULEMAN
S/O SYED AISHA FARHEEN AND SIKANDER PASHA
NATURAL GAURDIAN MOTHER,
150, 1ST FLOOR, SHAMS RESIDENCY,
5TH CROSS, PILLANNA GARDEN,
3RD STAGE, BANGALORE-560045.
...RESPONDENTS
(BY SRI. K. S. PATIL, ADV. FOR R1,
R2 IS MINOR REPTD BY R1)
THIS CRIMINAL PETITION IS FILED U/SEC. 407 OF
CR.P.C, PRAYING THIS COURT TO, ALLOW THIS PETITION AND
TO TRANSFER THE CRI. MISC. NO. CASE NO. 41/2023
PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC
COURT, SIRUGUPPA, BALLARI DIST TO BENGALURU CIVIL
JUDGE AND JMFC COURT, BENGALURU FOR DISPOSAL IN
ACCORDANCE WITH LAW.
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NC: 2023:KHC-D:11937
CRL.P No. 101726 of 2023
THIS PETITION, COMING ON FOR ORDER, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Petitioners who are respondents in Crl.Mis. case No.41/2023 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, D".V. Act") on the file of the Civil Judge and JMFC, at Siruguppa, have filed this petition under Section 407 of Criminal Procedure Code (for short, "Cr.P.C.") with a prayer to transfer the said petition to the jurisdictional Court at Bangaluru.
2. It is the case of the petitioners that petitioner No.1 is the husband and father of the respondent No.2. Petitioners Nos.2 and 3 are the sisters and petitioner No.4 is the brother of the petitioner No.1. The marriage of the petitioner No.1 and respondent No.1 was solemnized on 26.07.2021 at Bangaluru and through the wedlock they are having a son who is respondent No.2.
2.1 Both petitioner No.1 and respondent No.1 are engineering graduates and employed in Bangaluru. When -4- NC: 2023:KHC-D:11937 CRL.P No. 101726 of 2023 the respondent No.1 was 7 months pregnant, without informing petitioner No.1 and his family members she left the matrimonial home and when petitioner No.1 lodged a complaint, she gave a statement that she would return to the matrimonial home 4 months after the delivery. 2.2 However, falsely alleging that at the time of marriage dowry in a sum of Rs.20 lakhs, Varapochara in a sum of Rs.50,000/-, house hold articles worth Rs.7 lakhs were given and marriage was performed by spending sum of Rs.12 lakhs, ( in all Rs.39,50,000/-), the respondent No.1 has filed Crl.Mis Case No.41/2023 under Section 12 of the D.V. Act at Siruguppa. In the petition, she has sought for various reliefs under Sections 18 to 22 including litigation expenses in a sum of Rs.1 lakh, compensation in sum of Rs.50 lakh and return off Rs.39,50,000/-. 2.3 The respondent No.1 is working at Bangaluru. She and her parents are residents of Bangaluru City. The marriage was performed at Bangaluru and after the marriage she stayed with petitioner No.1 at Bangaluru. In fact petitioners No.1 to 3 are the permanent resident of -5- NC: 2023:KHC-D:11937 CRL.P No. 101726 of 2023 Bangaluru. Petitioner Nos.2 and 3 are married sisters of petitioner No.1. Petitioner No.4 is residing at Magadi Town, Ramanagar district. In the earlier complaints/petitions, respondent No.1 has shown her address as resident of Bangaluru. Only to harass the petitioners, she has chosen to file the petition at Siruguppa by falsely claiming that she is residing within the jurisdiction of Siruguppa Court. Having regard to the distance between Bangaluru and Siruguppa it is extremely difficult for the petitioners to travel to Siruguppa to attend the case. Hence, it is necessary to transfer the above petition to jurisdiction Court at Bangaluru. It would also be convenient to the respondents if the petition is transfer to the Bangaluru and prays to allow the petition.
3. After due service of notice, respondent have appeared through counsel.
4. Heard arguments and perused the records.
5. Thus, in this petition under Section 407 of Cr.P.C., petitioners are seeking transfer of Crl.Mis. Case No.41/2023 pending on the file of Civil Judge and JMFC -6- NC: 2023:KHC-D:11937 CRL.P No. 101726 of 2023 and at Siruguppa to the jurisdiction Court at Bengaluru on the ground that only to harass the petitioners, it is filed at Siraguppa though respondents are residing at Bengaluru.
6. It is not in dispute that the marriage between the petitioner No.1 and respondent No.1 was solemnised at Bangaluru. Even prior to her marriage, the respondent No.1 was residing at Bengaluru and her parents are also residents of Bengaluru. In fact she is working at HCL, Bangaluru, though now a document is produced stating that she has submitted a resignation and it has accepted. After the marriage, petitioner No.1 and respondent No.1 stayed together at Bangeluru. In fact respondent No.2 is born at Bengaluru. It is conceded by the learned counsel for respondent that the parents and other relatives of respondent No.1 are residing at Bengaluru.
7. It appears for the first time, while filing Crl.Mis Case No.41/2023 respondents are shown to be residing at Siruguppa, Ballari District. On enquiry by the Court, learned counsel for the respondent submitted that respondents are residing with an aunt of respondent -7- NC: 2023:KHC-D:11937 CRL.P No. 101726 of 2023 No.1, but she is not in position to state her name and in what way she is related to the respondents. The respondents have also not given any reasons for leaving Bangaluru and residing at Siruguppa, though during the course of arguments, learned counsel for respondents try to project that there was danger to the respondents at Bengaluru.
8. When the parents and relatives of respondent No.1 are residing at Bengaluru, it would be more conducive and safe for the respondents to stay with them under their care and protection. The manner in which the respondent No.1 has chosen to submit her resignation after working for more than 8 years and filing the petition under D.V. Act at Siruguppa without any justifiable reasons supports the contentions of the petitioners only to harass them and make them to travel long distance of 600 k.Ms, and thereby force the petitioners to agree for her terms, respondent No.1 has filed the petition at Siruguppa. It would be in the interest of both parties to transfer the petition to Chief Metropolitan Magistrate -8- NC: 2023:KHC-D:11937 CRL.P No. 101726 of 2023 Court of Bengaluru, which is having jurisdiction in a petition filed under the provisions of D.V. Act. No prejudice would be caused to the respondents if this petition is allowed and accordingly, the following:
ORDER Petition filed u/s 407 Cr.P.C. is allowed. Crl.Mis.41/2023 filed u/s 12 of the D.V. Act on the file of the Civil Judge and JMFC Court, Siruguppa, Ballari district, is withdrawn and transfer to the Court of Chief Metropolitan Magistrate Court of Bengaluru with direction to assign the same to the Court having jurisdiction over the said matter and decide the same in accordance with law.
SD/-
JUDGE AC List No.: 1 Sl No.: 49