- 1 - HC-KAR NC: 2025:KHC-D:12055 CRL.P No. 103729 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103729 OF 2025 (407(CR.PC)/447(BNSS)) BETWEEN: SHRI AATISH @ AATIF S/O. MANMOHAN TIWARI, AGE. 44 YEARS, OCC. EMPLOYEE (SENIOR ASSISTANT), KARNATAKA UNIVERSITY DHARWAD WORKING AT EXAM SECTION, R/O. KARNATAKA UNIVERSITY, DHARWAD, DHARWAD, PAVATE NAGAR, TQ. AND DIST. DHARWAD. … PETITIONER (BY SRI. D.V. PATTAR, ADVOCATE) AND: 1. SMT. SHAHEEN W/O. AATISH @ AATIF TIWARI, AGE. 28 YEARS, OCC. HOUSE WIFE, R/O. ALLAPURBASE ROAD, VIJAYAPUR, TQ. AND DIST. VIJAYAPUR. 2. KUM. ABDUL KABEER S/O AATISH @ AATIF TIWARI, AGE. 09 YEARS, OCC. NIL, R/O. ALLAPURBASE ROAD, VIJAYAPURA, TQ. AND DIST. VIJAYAPURA. (R/BY NATURAL GUARDIAN RESPONDENT NO.1 MOTHER). … RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 407 OF CR.P.C. (UNDER SECTION 447 OF BNSS,) PRAYING TO TRANSFER/THE CRIMINAL MISC. CASE NO.523/2021 OF PROVISION UNDER SECTION 127 OF CR.P.C. FILED BY THE RESPONDENTS PENDING ON THE FILE OF PRINCIPAL JUDGE FAMILY COURT VIJAYAPURA T PRL. JUDGE FAMILY COURT DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12055 CRL.P No. 103729 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner-husband is before this Court under Section 407 of Cr.P.C. with a prayer to transfer Criminal Miscellaneous No.523 of 2021 filed under Section 127 of Cr.P.C. by the respondents, who are his wife and minor son to the Court of Principal Judge Family Court, Dharwad. 2. Heard learned counsel for the petitioner. 3. Respondents herein who are the wife and minor son of the petitioner have initiated proceedings under Section 127 of Cr.P.C. before the Jurisdictional Family Court at Vijayapura claiming maintenance. 4. Material on record would go to show that petitioner has already appeared before the Family Court before which Criminal Miscellaneous No.523 of 2021 is pending and has filed his objections. - 3 - HC-KAR NC: 2025:KHC-D:12055 CRL.P No. 103729 of 2025 5. A prayer is now made on behalf of the petitioner to transfer the aforesaid proceedings to the Court of Family Judge, Dharwad on the ground that petitioner is a Government Servant and therefore it is difficult to travel for him to appear before the Court at Vijayapura. It is also submitted that petitioner is appointed as a Booth Officer by the Registrar of Voters, Dharwad West Constituency and therefore he is required to discharge his duties as a Booth Officer. 6. Perusal of the material on record would go to show that proceedings under Section 127 of Cr.P.C. has been initiated by the wife and minor son of the petitioner before the Jurisdictional Family Court at Vijayapura in Criminal Misc.No.523 of 2021. In the said proceedings, the petitioner had entered appearance and has filed a detailed objection opposing the prayer made in the application. 7. It appears that matter before the Jurisdictional Family Court at Vijayapura, Criminal Misc.No.523 of 2021 is - 4 - HC-KAR NC: 2025:KHC-D:12055 CRL.P No. 103729 of 2025 at the stage of recording the evidence of the parties and the respondent No.1-wife has been already examined before the said Court as PW1 and two other witnesses have been examined as PW2 and PW3. The matter is now at the stage of cross- examination of the aforesaid witnesses and at the request of learned counsel appearing for the petitioner herein, the matter was adjourned on the last day of hearing. It is at this stage, the petitioner has approached this Court. 8. The petitioner is a resident of Dharwad and is working as an employee of Karnataka University, Dharwad and the Registrar of Voters, Dharwad West Constituency, has appointed the petitioner as a Booth Level Officer by Order dated 03.07.2025 only for the purpose of assisting him to prepare the voters list. Therefore, the contention urged on behalf of the petitioner that because he is appointed as a Election Officer, he is not in a position to leave Dharwad for the purpose of attending Court Proceedings at Vijayapura, has no merit. The petitioner is - 5 - HC-KAR NC: 2025:KHC-D:12055 CRL.P No. 103729 of 2025 gainfully employed whereas the respondents, who are his wife and son are prosecuting the petition filed by them under Section 127 of Cr.P.C. The matter is at the stage of cross-examination of the witnesses who are examined on behalf of the respondents and at this stage, if the proceedings are stalled the respondents will be put to hardship. Under the circumstances, I do not find any good reason to entertain this petition. Accordingly, the petition is dismissed. The pending application, stand disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 42