- 1 - HC-KAR NC: 2026:KHC:34332 CRL.P No. 5951 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5951 OF 2025 BETWEEN: SRI BASAVARAJU. T. M. S/O. SRI.MARIKENCHAIAH, AGED ABOUT 32 YEARS, RESIDING AT NO.71/1, VENKATAMMA BUILDING, 100 FEET ROAD, T. DASARAHALLI POST, VTC BENGALURU NORTH, BANGALORE - 560 057. …PETITIONER (BY SRI. SRINIVAS A.R., ADVOCATE) AND: SMT. BHAVANA K. ALIAS GAANAVI W/O. SRI.BASAVARAJU.T.M., D/O SRI. KRISHNAPPA, AGED ABOUT 24 YEARS, RAILWAYS STATION, SCOUT CAMP ROAD, MUDDAPPA LAYOUT, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561203. …RESPONDENT (BY SRI. SREEDHARA K.S., ADVOCATE) THIS CRL.P IS FILED U/S 407 CR.PC (FILED U/S 447 BNNS) PRAYING TO TRANSFER THE CRIMINAL MISCELLANEOUS CASE IN CRL.MISC NO.394/2024 FILED BY THE RESPONDENT UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT DODDABALLAPUR, BANGALORE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34332 CRL.P No. 5951 of 2025 RURAL DISTRICT TO THE II ADDITIONAL JUDGE, FAMILY COURT AT BENGALURU FOR ADJUDICATION OF THE SAID CASE IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This petition filed under Section 407 of Code of Criminal Procedure (Section 447 BNSS 2023) is filed by the husband with a prayer to transfer Crl.Misc.No.394/2024 pending before the Court of Principal Civil Judge and JMFC, Doddaballapur, Bengaluru Rural District (for short 'the Magistrate at Doddaballapura') to the Court of II Additional Judge, Family Court, Bengaluru (for short 'the Family Judge at Bengaluru') for adjudication of the said case in accordance with law. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that respondent-wife is employed in Bowring Hospital at Bengaluru and she is residing in Bengaluru and attending - 3 - HC-KAR NC: 2026:KHC:34332 CRL.P No. 5951 of 2025 M.C.No.3487/2024 pending before the Court of II Additional Judge, Family Court, Bengaluru, which is filed by the petitioner herein under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 seeking dissolution of his marriage with the respondent-wife, by decree of divorce. He submits that in the event the maintenance case pending before the Court of Magistrate at Doddaballapura is transferred to the Court of Family Judge at Bengaluru, the same would benefit both the parties. 4. Per contra, learned counsel appearing for the respondent who has filed the objections, opposed the prayer made in the petition. He submits that respondent-wife is a student of B.Sc (Nursing) at Bengaluru, she is traveling regularly from Doddaballapura to Bengaluru and she is not a permanent resident of Bengaluru. He submits that in the event prayer made in the petition is granted, the respondent will be put to hardship. - 4 - HC-KAR NC: 2026:KHC:34332 CRL.P No. 5951 of 2025 5. Perusal of the material on record would go to show that petitioner has filed M.C.No.3487/2024 before the jurisdictional Court of the Family Judge at Bengaluru for dissolution of his marriage with the respondent by decree of divorce, whereas the respondent-wife has filed Crl.Misc.No.394/2024 before the jurisdictional Court of the Magistrate at Doddaballapura under Section 125(1) of Cr.P.C seeking maintenance from the petitioner-husband. Though, the petitioner has pleaded that the respondent is working in Bowring Hospital at Bengaluru and is permanently residing there, he has not produced any material in support of the said contention urged by him. Material available on record would go to show that the respondent is served in this matter in her address at Doddaballapura. 6. Learned counsel for the respondent has brought to the notice of this Court that the petitioner has averred in the petition that the respondent-wife has taken shelter in her parents house at Doddaballapura. - 5 - HC-KAR NC: 2026:KHC:34332 CRL.P No. 5951 of 2025 7. Under the circumstances, I am of the opinion that the prayer made in this petition to transfer Crl.Misc.No.394/2024 pending before the Court of jurisdictional Court of the Magistrate at Doddaballapura to the Court of the Family Court at Bengaluru to be tried along with M.C.No.3487/2024 cannot be granted. Accordingly, the following: O R D E R The Criminal Petition stands dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 41