IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF AUGUST, 2023

BEFORE

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 8014 OF 2021

C/W

CRIMINAL PETITION NO. 1434 OF 2022

IN CRL.P. NO. 8014/2021

BETWEEN:

SWAROOP S. @ SWAROOP SUBBANNA, S/O LATE SUBBANNA B., AGED ABOUT 41 YEARS, RESIDING AT NO. 1277, 6TH MAIN, A BLOCK, 2ND STAGE, RAJAJINAGAR, BANGALORE - 560 010.

…PETITIONER

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

(BY SRI. ROSHAN H.C., ADVOCATE)

AND:

• 1. VIJAYA M., D/O GOWRAMMA M., AGED ABOUT 39 YEARS.
• 2. LIPIKA S., D/O SWAROOP S., AGED ABOUT 12 YEARS.

3. LALITA S., D/O SWAROOP S., AGED ABOUT 9 YEARS.

(RESPONDENTS 2 AND 3 REPRESENT BY THEIR GUARDIAN SMT. VIJAYA, RESPONDENT NO.1)

ALL THE ABOVE RESIDING AT: SARANG, SRINAGAR, 9TH CROSS, NERA BANDE PALYA, DEVARAYANA PATTANA POST, TUMKUR - 572 104.

…RESPONDENTS

(BY SRI. JAGADISH D. HIREMATH, ADVOCATE)

THIS CRL.P IS FILED UNDER SECTION 407 OF CR.P.C PRAYING TO TRANSFER CRL.MISC.NO.77/2021 PENDING ON THE FILE OF FAMILY COURT AT TUMAKURU TO FAMILY COURT, BENGALURU AND ETC.,

IN CRL.P. NO. 1434/2022

BETWEEN:

SWAROOP S. @ SWAROOP SUBBANNA, S/O LATE SUBBANNA B., AGED ABOUT 41 YEARS, RESIDING AT NO. 1277, 6TH MAIN, A BLOCK, 2ND STAGE, RAJAJINAGAR, BANGALORE - 560 010.

…PETITIONER

(BY SRI. ROSHAN H.C., ADVOCATE)

AND:

• 1. VIJAYA M., D/O GOWRAMMA M., AGED ABOUT 39 YEARS.
• 2. LIPIKA S., D/O SWAROOP S., AGED ABOUT 12 YEARS.
• 3. LALITA S., D/O SWAROOP S., AGED ABOUT 9 YEARS.

(RESPONDENTS 2 AND 3 REPRESENT BY THEIR GUARDIAN SMT. VIJAYA, RESPONDENT NO. 1)

ALL THE ABOVE RESIDING AT: SARANG, SRINAGAR, 9TH CROSS, NERA BANDE PALYA, DEVARAYANAPATTANA POST, TUMKUR - 572 104.

…RESPONDENTS

(BY SRI. JAGADISH D. HIREMATH, ADVOCATE)

THIS CRL.P IS FILED UNDER SECTION 407 OF CR.P.C PRAYING TO TRANSFER CRL.MISC. (DVA)NO.17/2021 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., TUMAKURU TO THE M.M.T.C., BENGALURU AND ETC.,

THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Crl.P.No.8014 is filed under Section 407 of Cr.P.C., by the husband namely Sri.Swaroop.S @ Swaroop Subbanna, against his wife Smt.Vijaya.M and two daughters Kum.Lipika.S and Lalita.S, seeking transfer of Crl.Misc.No.77/2021 pending on the file of the Principal Judge, Family Court, Tumakuru to Principal Judge, Family Court, Bengaluru. The said Crl.Misc.No.77/2021 has been filed by respondent Nos.1 to 3. i.e., the wife and childrens against the petitioner-husband under Section 125 of Cr.P.C. 1973, seeking maintenance of Rs.50,000/- per month for wife and Rs.25,000/- per month for two daughters.

2. Both the learned counsel submits that no interim maintenance has been awarded in the said petition as proceedings of the said matter has been stayed by this Court.

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3. Crl.P No.1434/2022 is filed under Section 407 of Cr.P.C. by the husband against his wife and two daughters seeking a transfer of Crl.Misc.(DVA) No.17/2021, pending on the file of Principal Civil Judge and JMFC, Tumakuru to the Court of III Additional Metropolitan Magistrate and Traffic Court, Bengaluru. The said Crl.Misc.(DVA) No.17/2021 has been filed by wife and two daughters against the husband and Rathnamma the mother-in-law under Section 12 of Protection of Women from Domestic Violence Act, 2005, praying for residence order, monitory relief maintenance, litigation expenses compensation order and interim relief.

4. Both the learned counsel submits that no interim order has been passed in Crl.Misc.(DVA) No.17/2021.

5. These two petitions came to be filed seeking transfer of the said two cases pending in the Courts at Tumakuru, on the ground that the wife and two daughters

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who have filed those cases have shifted to Bengaluru, two daughters got admitted in Poornaprajna School in Sadashivanagar, Bengaluru and residing in Bengaluru and wife is working as a Technical Services, Specialist-Server Systems operations at IBM, Bengaluru.

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6. Respondent No.1-Smt Vijaya.M, is present before the Court and submits that she has no objection for transfer of both the cases from Tumakuru to Bengaluru. She further submits that she is residing in a rented accommodation at Bengaluru, paying monthly rent of Rs.9,000/- and her two daughters are studying in Poornapragna School. She further submits that no interim order of maintenance has been passed in both the cases, pending on the files of Courts at Tumakuru. She is finding it difficult to maintain herself, her children and to meet their educational expenses. She prays for a direction to the transferee Courts for expeditious disposal of cases and further prays for making some interim arrangement for maintenance of herself, her two daughters and their

educational expenses, till any order in those two matters are passed regarding the maintenance.

7. Learned counsel for the respondents is present and he identifies respondent No.1. Crl.Misc.No.77/2021 has been filed on 23.03.2021 and Crl.Misc.(DVA) No.17/2021 has been filed on 11.08.2021 but till today, no order has been passed regarding the maintenance of the respondents herein, who were the petitioners in both the cases.

8. Therefore, even if both the matters are transferred, it will take some time for transferee Courts, to consider the case for grant of maintenance. In the meantime, there should be some interim arrangement for maintenance of the respondent Nos.1 to 3 which is subject to any orders to be passed in those two cases.

9. In the result, the following:-

ORDER

Crl.P.No.8014/2021 and Crl.P.No.1434/2022 both filed under Section 407 of Cr.P.C. are allowed.

Crl.Misc.No.77/2021 which is pending on the file of the I Additional Principal Judge, Family Court, Tumakuru, is ordered to be withdrawn and transferred to Family Court at Bengaluru.

Crl.Misc.(DVA) No.17/2021 pending on the file of the Principal Civil Judge and JMFC, Tumakuru, is ordered to be withdrawn and transferred to Metropolitan Magistrate and Traffic Court, Bengaluru.

The petitioner is directed to pay a sum of Rs.30,000/- per month to respondent Nos.1 to 3. The said order is an interim arrangement and is subject to any orders to be passed in Crl.Misc.77/2021 and Crl.Misc.(DVA) No.17/2021.

• 8 -

The amount paid by the petitioner to the respondents herein, will be adjusted in the maintenance to be passed in those two matters. The said maintenance amount of Rs.30,000/- includes the rent of accommodation of the respondents. The Courts dealing with the said two matters shall not be influenced by the quantum of interim arrangement made by this Court while awarding the maintenance.

The transferee Court shall dispose of the petition filed under Section 125 of Cr.P.C. as early as possible within an outer limit of six months.

Registry is directed to send the copy of this order to Principal Judge, Family Court, Tumakuru and Principal Civil Judge and JMFC, Tumakuru with a direction to transmit the records to the transferee Courts forthwith.

The petitioner-husband shall pay the said interim arrangement of maintenance from the month of August

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2023, till any interim order or final order of maintenance is passed in those two cases.

Accordingly, both the petitions are allowed.

In view of the above order, pending I.A.'s stands disposed of.

Sd/- JUDGE

URN List No.: 1 Sl No.: 17 CT: ABS