THE PLIGHT OF A LONELY WOMAN UNDERTAKING TRAVEL FROM BENGALURU TO CHIKMAGALUR IS QUITE DIFFERENT FROM HUSBAND OR ANY OTHER MEMBER OF HIS FAMILY COMING TO BENGALURU FROM CHIKMAGALUR SAYS: KARNATAKA HC
In the matter of Sri. Rahamathulla Khan vs Smt. Umme Salma on 22 November, 2022(CRIMINAL PETITION NO. 4878 OF 2021 C/W CRIMINAL PETITION NO.8940 OF 2021) presided by THE HON’BLE MR. JUSTICE SREENIVASA HARISH KUMAR stated that this criminal action is filed according to § 407 tr.p.c. request for referral of case C.Misc.No.55/2020 discussed in file IV.M.M.T.C., Traffic Court, Beng alur to Chief Judge, Family Court at Chikmag alur
FACTS OF THE CASE
I heard Sri N.R. Ravi Kumar and Sri Maskoor Hashmi, learned counsel for the parties.
Criminal Petition 4878/2021 is filed seeking transfer of proceedings in C.Misc.55/2020 in File IV MMTC, Traffic Court, Bengaluru to the Magistrate’s Court First Class, Chikmagalur. A criminal petition 8940/2021 is filed seeking transfer of Crl. Misc 47/2020 from Family Court, Chikmagalur to Family Court, Bengaluru. C. Miscellaneous. 55/2020 is a proceeding pursuant to Section 12 of the Act on the Protection of Women from Domestic Violence initiated by a wife against her husband, mother-in-law, sister-in-law and brother-in-law. Crl. Miscellaneous 47/2020, the wife together with her son files a claim for alimony against her husband pursuant to Section 125 of the Civil Code.
It is submitted by Sri N.R.Ravi Kumar, learned counsel for the petitioner in Criminal Petition 4878/2021 that the second petitioner Smt. Rehana Banu is about 61 years old. He suffers from diabetes and other age-related diseases. Petitioner No. 3-Smt. Fathima Shabreen and Petitioner No. 4-Azmathulla Khan are unnecessarily dragged into litigation. Everyone is residents of Chikmagalur. All of them cannot come to Bengaluru every date of hearing in connection with the case. In fact, the respondent-wife is participating in the Chikmagalur Court in connection with the criminal proceedings for the offense under Section 498A IPC and therefore if the proceedings in C. Misc. 55/2020 is transferred from Bengaluru to Chikmagalur, no hardship awaits her.
On the other hand, Sri Maskoor Hashmi, learned counsel for the wife submits that the proceedings under Section 125 Cr.P.C were initiated at Chikmagalur when she was living there. When she found that cohabitation was not possible, she had to move to Bengaluru along with her minor son. It currently has no support. She initiated the action O.S.209/2021 against her husband, seeking the restoration of conjugal rights and in the said action the husband :: 6 ::
appeared and filed his written statement. When the husband can come to Bengaluru in connection with the suit, there is nothing to prevent them from coming to Bengaluru in connection with the proceedings under the Protection of Women from Domestic Violence Act. Since he lives in Bengaluru, the proceedings under Section 125 Cr.P.C can also be transferred to Bengaluru court. It is difficult for a single woman to undertake a journey to Chikmagalur along with a child. On the other hand, it may not be difficult for the husband or his brother or sister to attend the court in Bengaluru. They also claim that it is not necessary for all of them to appear in court on all dates, and none of them have yet appeared in court in person. Counsel appears on their behalf and therefore it is not necessary to transfer the proceedings under the Protection of Women from Domestic Violence Act from Bengaluru to Chikmagalur but the petition under Section 125 Cr.P.C they can be transferred from Chikmagalur to Bengaluru.
Sri Ravi Kumar submits that the husband also filed a divorce suit in O.S.19/2022 in the Chikmagalur Court.
JUDGMENT
After the hearing, it can be stated that there are four respondents in the proceedings under the provisions of the Act on the Protection of Women from Domestic Violence, including the husband as the first respondent. Just because the four respondents are participating in proceedings under the Domestic Violence Act, it is not necessary for all of them to attend the Bengaluru court on every day of the hearing. In any case, they are represented by a lawyer and can appear in court whenever their presence is necessary or it is sufficient if their lawyer represents them. On the other hand, as for his wife, he has a small child to look after. It ::8 ::
She appears to have taken refuge in her father’s house. The plight of a single woman undertaking a journey from Bengaluru to Chikmagalur is quite different from that of a husband or any other member of his family coming to Bengaluru from Chikmagalur. As for the husband’s mother, she need not come to Bengaluru and can appear only if her presence is absolutely necessary. Further, in the transfer petition filed by the wife Crl.Misc.47/2020, she has stated that she has already filed a suit O.S.209/2021 in the Family Court, Bengaluru against her husband seeking restitution of conjugal rights and the husband has already filed a suit entered appearance and filed a writ declaration. Given this position, it may not be difficult for the husband to attend courts in Bengaluru in connection with other cases. He may have filed a divorce case in Chikmagalur, but that is a different aspect altogether. Likewise, the wife may have to appear before the Court at Chikmagalur in connection with the criminal proceedings in relation to the offense under Section 498A IPC but in the said case she is only a witness and her presence on all the dates of the proceedings is not required. Considering all these aspects, it is expedient to convert Crl. Misc.47/2020 which is now pending on the file of Chief Family Judge, Chikmagalur, Family Court, Bengaluru. Transfer of C.Misc.55/2020 from Court IV MMTC, Traffic Court, Bengaluru to First Class Court, Chikmagalur does not appear expedient. In this view the following:
ORDER
(i) Criminal Petition 4878/2021 is dismissed.
(ii) Criminal Petition 8940/2021 is allowed. Crl. Misc 47/2020 Pending :: 10 on the File of Family Court, Chikmagalur, Transfer to
Court of Family Court, Bengaluru.
(iii) Entries in Crl. Misc 47/200 is referred to the Family Court, Bengaluru.
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JUDGEMENT REVIEWED BY HARSHA L NALWAR