AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Sri Prakash S. Udikeri, learned counsel for the petitioner, and Sri B.S. Sangreshi, learned counsel for the respondents.
The petitioner has filed this petition under Section 407 of the Code of Criminal Procedure, 1973, seeking transfer of Criminal Miscellaneous No.37 of 2024, pending on the file of the learned Principal Judge, Family Court, Ballari, to the learned Principal Judge, Family Court, Dharwad.
The marriage between the petitioner and respondent No.1 was solemnised on 20.12.2015 at Ballari. It is alleged that their relationship remained cordial for a couple of years after the marriage, but thereafter, the petitioner started harassing respondent No.1. Consequently, respondent No.1 left the matrimonial home. Hence, the petitioner filed Matrimonial Case No.281 of 2023 seeking restitution of conjugal rights, while respondent No.1 filed Criminal Miscellaneous No.37 of 2024 under Section 125 of the Code of Criminal Procedure, 1973, before the learned Principal Judge, Family Court, Ballari, seeking maintenance.
Learned counsel for the petitioner has vehemently contended that the petitioner has filed the present petition seeking transfer of Criminal Miscellaneous No.37 of 2024, pending before the learned Principal Judge, Family Court, Ballari, to the learned Principal Judge, Family Court, Dharwad, on the ground that respondent No.1, her father and her henchmen are threatening the petitioner with dire consequences and attempting to prevent him from appearing in the proceedings. Hence, he contended that the proceedings require to be transferred to the Family Court at Dharwad to enable the petitioner to prosecute the matter freely and fairly.
Admittedly, the petitioner had earlier filed a similar petition in C.P. No.100245 of 2026 seeking transfer of Matrimonial Case No.125 of 2024, pending before the learned Principal Judge, Family Court, Ballari, to the Family Court at Dharwad, on similar grounds. The said petition was dismissed by this Court, by order dated 10.07.2026.
The petitioner is once again seeking transfer of Criminal Miscellaneous No.37 of 2024 on similar grounds contending that respondent No.1, her family members and her henchmen are threatening him with dire consequences and obstructing him from prosecuting the proceedings.
Learned counsel for the respondents disputes the allegations made by the petitioner.
If the petitioner is being threatened by respondent No.1, her henchmen or her family members, he is at liberty to avail himself of the remedies available to him in law and seek appropriate protection.
In view of the above, this Court does not find any valid ground to transfer Criminal Miscellaneous No.37 of 2024, pending on the file of the learned Principal Judge, Family Court, Ballari, to the learned Principal Judge, Family Court, Dharwad. Accordingly, the petition stands dismissed.
In view of the dismissal of the petition, pending interlocutory applications, if any, shall stand dismissed.