- 1 - NC: 2025:KHC-D:2586 CRL.P No. 100289 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100289 OF 2025 [407(Cr.PC)/447(BNSS)] BETWEEN: SHREE NAGESH S/O. PRAKASH DUMALE, AGED ABOUT 41 YEARS, OCC. BUSINESS, (AS PER TRAIL COURT PETITION) R/O. AT #185/B/1, CHIKKODI ROAD, DUMALE COMPLEX, NIPPANI (RURAL), NIPPANI, DIST. BELAGAVI, PIN CODE-560008. … PETITIONER (BY SRI SACHIN C.ANGADI, ADVOCATE) AND: SMT. NANDINI W/O. NAGESH DUMALE, AGED ABOUT 36 YEARS, OCC. HOME MAKER, R/O. C/O. TAYI SHANTAKKA, ITAGI, BEHIND SHREE VEERABHADRESHWARA TEMPLE, BASAVESHWAR NAGAR, SHAHAPURA PETH, GADAG, DIST. GADAG, PIN CODE-582101. … RESPONDENT THIS CRIMINAL PETITION IS FILED U/S. 447 OF BNSS, 2023, PRAYING TO ALLOW THE PETITION AND TRANSFER THE CRL.MISC.246/2023 FILED U/S. 125 OF CR.P.C., PENDING ON THE FILE OF HON’BLE 1ST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, GADAG TO THE PRL.CIVIL JUDGE AND J.M.F.C, NIPPANI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THERIN AS UNDER: BHARATHI H M Digitally signed by BHARATHI H M Date: 2025.02.11 14:17:32 +0530 - 2 - NC: 2025:KHC-D:2586 CRL.P No. 100289 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short), for transfer of proceedings in Crl.Misc.246/2023 on file of I Additional Principal Judge, Family Court, Gadag to Principal Civil Judge and JMFC, Nippani. 2. Sri Sachin C. Angadi learned counsel for petitioner submitted marriage of petitioner and respondent was solemnized on 13.12.2009. From said wedding, they had two children who were residing with petitioner. Thereafter respondent had abandoned petitioner and went to her maternal home. With intention to harass petitioner, she had filed Crl.Misc.no.246/2023 before I Additional Principal Judge, Family Court, Gadag for maintenance, while petitioner had filed for divorce before Senior Civil Judge and JMFC, Nippani. It was submitted, continuation of proceedings at Gadag was causing inconvenience to petitioner and affecting children’s education. On said ground sought for transfer. 3. Heard learned counsel. - 3 - NC: 2025:KHC-D:2586 CRL.P No. 100289 of 2025 4. Section 447 of BNSS provides for transfer on various grounds, namely, a fair and impartial inquiry or trial cannot be held in any Criminal Court, some question of law of unusual difficulty is likely to arise or where an order is required to tend to general convenience of parties or witnesses or is expedient in interest of justice. 5. Perusal of order sheet of proceedings would indicate that petition was filed in year 2023, both parties had appeared and pursued proceedings and only when same was at stage of recording of evidence, urging ground of proceedings affecting children education, when even according to learned counsel for petitioner, elder son was studying at Moodabidre in a residential school and only younger son was with him and that too on ground that petitioner was required to pickup and drop child, would be too spacious and an apparent act of desperation which any case does not constitute sufficient reason as would meet requirements of Section 447 of BNSS. Petition is misconceived and is dismissed. SD/- (RAVI V.HOSMANI) JUDGE EM CT:PA:List No.: 1 Sl No.: 16