- 1 - NC: 2025:KHC:4590 CRL.P No. 13613 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13613 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT. LEENA ABRAHAM, W/O. BYJU JOSEPH, AGED ABOUT. 42 YEARS, OCC. HOUSE WIFE, 2. KUMARI. NANMA JOSEPH D/O. SMT. LEENA ABRAHAM, AND BYJU JOSEPH, AGED ABOUT. 07 YEARS, BOTH ARE RESIDING AT NO. A-901, BRIGADE GARDENIA APARTMENT, J.P NAGAR, 7TH PHASE, BANGALORE -560078. COMPLAINANT NO.2 IS MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. LEENA ABRAHAM, THE COMPLAINANT NO.1 HEREIN …PETITIONERS (BY SMT. LEENA ABRAHAM, PARTY IN PERSON) AND: 1. BYJU JOSEPH, AGED. 45 YEARS, S/O. TJ VARGHESE RESIDING AT RESIDING AT (1) NO. 4/1, 5TH CROSS, THARAMANNIL HOUSE, MUDDANNA GARDEN, VALAGARAHALLI ROAD, HARSHA LAYOUT, KENGERI, BANGALORE- 560060. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC:4590 CRL.P No. 13613 of 2024 AND ALSO RESIDING AT. (2) BYJU JOSEPH, PROJECT MANAGER M/S INTELLIGENT SOFTWARE SOLUTIONS PVT. LTD., 2A/3RD FLOOR, SOBHA ALEXANDER PLAZA, 16/2, COMMISSIONARAT ROAD, BENGALURU -560025. ALSO RESIDING AT.(3) NO.6-7-14, MINAMI YOSHINARI, AOBA-KU SENDAI, MIYAGI, 989-3204, JAPAN. PASSPORT NUMBER- S5618316, PAN NUMBER- AESPJ6488B. 2. T.J. VARGHESE, RESIDING AT (1), AGED. 74 YEARS, NO. 4/1, 5TH CROSS, THARAMANNIL HOUSE, MUDDANNA GARDEN, VALAGARAHALLI ROAD, HARSHA LAYOUT, KENGERI BANGALORE- 560060. 3. ANNAMMA VARGHESE, RESIDING AT (1) AGED. 70 YEARS, NO.4/1, 5TH CROSS, THARAMANNIL HOUSE, MUDDANNA GARDEN, VALAGARAHALLI ROAD, HARSHA LAYOUT, KENGERI BANGALORE- 560060. 4. SHIJU T. VARGHESE, AGED. 43 YEARS, S/O. T J VARGHESE, RESIDING AT. RESIDING AT. (1) NO.4/1, 5TH CROSS, THARAMANNIL HOUSE, MUDDANNA GARDEN, VALAGARAHALLI ROAD, HARSHA LAYOUT, KENGERI BANGALORE- 560060. 5. SOUMYA SHIJU VARGHESE, AGED. 42 YEARS, RESIDING AT. (1) - 3 - NC: 2025:KHC:4590 CRL.P No. 13613 of 2024 NO.4/1, 5TH CROSS, THARAMANNIL HOUSE, MUDDANNA GARDEN, VALAGARAHALLI ROAD, HARSHA LAYOUT, KENGERI BANGALORE- 560060. 6. UNION OF INDIA, REPRESENTED BY ITS SECRETARY MINISTRY OF WOMEN AND CHILD DEVELOPMENT, SHASTRI BHAWAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI -110 001. 7. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WOMEN AND CHILD WELFARE, 5TH FLOOR, NEW - M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU, KARNATAKA- 560 001. …RESPONDENTS (BY SRI JAGADEESHA B. N., ADD. SPP) THIS CRIMINAL PETITION FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE ALL ORDERS PASSED BY THE MMTC II IN CRL.MISC. NO. 99/2024 DATED 15.10.2024, 21.10.2024, 24.10.2024 AND 30.10.2024 IN I.A. NO.1, 2, 3, 5, AND 7 ALONG WITH PENDING I.A. NO.6, 4, 8, 9, 10, 11, 12, 13 AND PASS APPROPRIATE ORDERS IN THE INTEREST OF JUSTICE AND EQUITY TO TRANSFER CRL.MISC. NO. 99/2024 BEFORE A SENIOR JUDGE BECAUSE MMTC II FILED TO COMPLY ENTIRE ORDER DATED 13.09.2024 IN CRL.P. NO. 8560/2024 AND ONLY PART OF WHICH IS COMPLIED AND AS THERE IS NO INTERIM MAINTENANCE AND SINGLE PARENT MOTHER IS STRUGGLING WITH HER MINOR CHILD OF 7 YEARS EVEN THOUGH THE RESPONDENT IS EARNING AROUND 4 LAKSH PER MONTH AND FOR EXPEDITIOUS DISPOSAL IN CRL.MISC. NO. 99/2024 MAIN PETITION MATTERS WITH IN 3 MONTHS IN THE INTEREST OF JUSTICE AND EQUITY ALLOWING THE PETITIONER TO REALISE THE COST OF THIS PETITION FROM THE RESPONDENT AND THEIR ASSETS ALLOWING SUCH OTHER RELIEFS AS ARE WARRANTED IN THE CIRCUMSTANCES OF THE PETITION AND FOUND FIT AND PROPER BY THIS HONOURABLE COURT. - 4 - NC: 2025:KHC:4590 CRL.P No. 13613 of 2024 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER 1. The petitioner, party-in-person has filed an application seeking conversion of the subject petition to writ petition. 2. In the light of the application and contents of the petition, the conversion, so sought, is permitted. 3. Petition stands disposed for statistical purpose. Sd/- (M.NAGAPRASANNA) JUDGE kgk List No.: 19 Sl No.: 12