These two petitions are disposed of by a

common order.

2. Heard Sri N.R. Ravi Kumar and Sri

Maskoor Hashmi, learned counsel for the parties.

Criminal

Petition

4878/2021

is

filed

seeking transfer of proceeding in C.Misc.55/2020

pending on the file of IV MMTC, Traffic Court,

Bengaluru to the Court of Judicial Magistrate First

:: 4 ::

Class, Chikmagalur. Criminal Petition 8940/2021

is filed seeking transfer of Crl. Misc. 47/2020 from

Family

Court,

Chikmagalur

Family

Court,

Bengaluru. C. Misc. 55/2020 is a proceeding

under section 12 of the Protection of Women from

Domestic Violence Act instituted by the wife

against her husband, mother-in-law, sister-in-law

and

brother-in-law.

Crl.

Misc.

47/2020

is

instituted by the wife along with her son against

her husband claiming maintenance under section

125 Cr.P.C.

4. It is submitted by Sri N.R.Ravi Kumar,

learned counsel for the petitioners in Criminal

Petition 4878/2021 that the second petitioner Smt.

Rehana Banu is aged about 61 years. She is

suffering from diabetes and other age related

diseases. Petitioner No.3-Smt. Fathima Shabreen

and

petitioner

No.4-Azmathulla

Khan

are

unnecessarily dragged into litigation. They are all

:: 5 ::

residents of Chikmagalur. All of them cannot

come over to Bengaluru on every date of hearing

in

connection

with

case.

In

fact

respondent-wife

is

attending

court

at

Chikmagalur in connection with a criminal case for

the offence under section 498A IPC and therefore

if the proceeding in C. Misc. 55/2020 is transferred

from Bengaluru to Chikmagalur, she does not face

any hardship.

5. On the other hand, Sri Maskoor Hashmi,

learned counsel for the wife, submits that the

proceeding under section 125 Cr.P.C was instituted

at Chikmagalur at the time when she was living

there. When she found cohabitation was not

possible, she had to relocate to Bengaluru along

with her minor son. She has no support at

present. She has instituted a suit O.S.209/2021

against

her

husband

seeking

restitution

of

conjugal rights and in the said suit, the husband

:: 6 ::

has entered appearance and filed his written

statement. When the husband can come over to

Bengaluru in connection with the suit, there is no

impediment for them to come to Bengaluru in

connection with the proceedings under Protection

of Women from Domestic Violence Act. As she is

living in Bengaluru, the proceeding under section

125 Cr.P.C can also be transferred to Bengaluru

court. A lonely woman finds it difficult to

undertake travel to Chikmagalur along with the

child. On the other hand, the husband or his

brother or sister, may not find it difficult to attend

the court at Bengaluru. He also submits that it is

not necessary that all of them should attend the

court on all dates and so far none of them has

appeared before the court personally. Counsel is

appearing on their behalf and therefore it is not

necessary to transfer the proceeding under the

Protection of Women from Domestic Violence Act

from Bengaluru to Chikmagalur, but the petition

:: 7 ::

under section 125 Cr.P.C may be transferred from

Chikmagalur to Bengaluru.

6. Sri Ravi Kumar submits that the husband

has

also

instituted

a

suit

for

divorce

in

O.S.19/2022 before the Chikmagalur court.

7. After hearing, it may be stated that in the

proceedings under the provisions of the Protection

of Women from Domestic Violence Act, there are

four respondents including the husband as the first

respondent. Just because four respondents are

there in the proceedings under Domestic Violence

Act, it is not necessary that all of them should

attend the court at Bengaluru on every date of

hearing. Anyway they are represented by a

counsel and they may appear before the court

whenever their presence is necessary or it is

enough if their counsel makes representation. On

the other hand, so far as the wife is concerned,

she has a small child to be looked after. It

:: 8 ::

appears that she has taken shelter in the house of

her

father.

The

plight

of

a

lonely