- 1 - NC: 2025:KHC-D:6671 CRL.P No. 101576 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101576 OF 2025 (407(Cr.PC)/447(BNSS)) BETWEEN: SRI. GANGAPPA S/O. MARUTI GANDAGUDARI, AGE: 40 YEARS, OCC. NIL, R/O. VENKATESWAR COLONY, BACKSIDE CHARNATIMAT SCHOOL, DHARWAD, KARNATAKA-580001. …PETITIONER (BY SRI. I.Y. PATIL, ADVOCATE) AND: 1. SMT. JYOTI W/O. GANGAPPA GANDAGUDARI, AGE: 39 YEARS, OCC. PRIVATE WORK, C/O. NIRMALA W/O. NETAJI SHINDE, VINAYAK COLONY, BANASHANKRI LAYOUT, KESHWAPUR, HUBBALLI-DHARWAD-580023. 2. KUM DHYAAN S/O. GANGAPPA GANDAGUDARI, AGE: 6 YEARS, OCC. STUDENT, SINCE HE IS MINOR R/BY. RESPONDENT NO.1 I.E. NATURAL MOTHER. …RESPONDENTS (R1- NOTICE SERVED; R2 IS MINOR REPRESENTED BY R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 407 OF CR.P.C. (SECTION 447 OF BNSS), PRAYING TO TRANSFER OF CRL.MISC.NO.225/2024 WHICH IS PENDING ON THE FILE OF THE I ADDL. PRL. JUDGE, FAMILY COURT HUBBALLI TO THE PRL. JUDGE, FAMILY COURT DHARWAD, AT DHARWAD BY ALLOWING THE PETITION FOR ITS DISPOSAL IN ACCORDANCE WITH LAW. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.24 14:36:46 +0530 - 2 - NC: 2025:KHC-D:6671 CRL.P No. 101576 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.I.Y.Patil, learned counsel for the petitioner. 2. Learned counsel for the respondent is absent. 3. The present petition is filed under Section 407 Criminal Procedure Code (for short, ‘the Cr.P.C.’) / Section 447 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) with following prayer: “To transfer of Crl.Misc.No.225/2024 which is pending on the file of the I Addl. Prl. Judge, Family Court, Hubballi to the Prl. Judge, Family Court Dharwad, at Dharwad by allowing the petition for its disposal in accordance with law.” 4. Sri.I.Y.Patil, learned counsel for the petitioner would contend that in respect of matrimonial dispute, a matrimonial case pending before Dharwad Family Court, - 3 - NC: 2025:KHC-D:6671 CRL.P No. 101576 of 2025 whereas the maintenance petition is pending before Hubballi Court. 5. Therefore, petitioner seeks transfer of maintenance petition to Family Court, Dharwad to be tried along with M.C.No.45/2024. 6. Respondent served and unrepresented. 7. Directing the petitioner to pay sum of Rs.250/- every hearing, to meet the expenses of respondent with an attendant, the petition needs to be allowed and maintenance petition in Crl.Misc.No.225/2024 to be tried along with M.C.No.45/2024. 8. Accordingly, the following order is passed. ORDER i. Criminal petition is allowed. ii. Maintenance petition in Crl.Misc.No.225/2024 is ordered to be withdrawn from the Family Court, Hubballi, to Family Court, Dharwad and - 4 - NC: 2025:KHC-D:6671 CRL.P No. 101576 of 2025 reassigned to family Court Dharwad to be tried along with MC No.45/2024, on a condition that on every date of hearing petitioner-Gangappa S/o Maruti Gandagudari, is required to pay Rs.250/- to the respondent for the traveling and other expenses. SD/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 1 Sl No.: 34