IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 15265 OF 2021 (GM-RES)

BETWEEN:

MR. SRIKANTH T.G., AGED ABOUT 33 YEARS, S/O. SHRI. T.M. GOPALKRISHNA, R/AT NO.2607, 1^ST FLOOR, 5^TH MAIN ROAD, KUMARASWAMY LAYOUT, 2^ND STAGE EAST, OPP TO 108 GANAPATHI TEMPLE, BANGALORE - 560 078 …PETITIONER (BY SRI. KIRAN N., ADVOCATE)

Digitally signed by V N BADIGER AND:

Location:

HIGH COURT OF 1. MRS. R. SHREE LAKSHMI, KARNATAKA AGED ABOUT 27 YEARS, D/O. SRI. V. RAMESH CHANDRA BABU, R/AT NO.5, SIDDIKESHWARA NILAYA, KEREKODI, EGALAPPA GARDEN, BANGARPET - 563 114 2. KUM. S. CHERIKA, REPRESENTED BY HER MOTHER, SMT R. SHREE LAKSHMI, R/AT NO.5, SIDDIKESHWARA NILAYA, KEREKODI, EGALAPPA GARDEN, BANGARPET - 563 114

3. THE REGISTRAR (GENERAL)

HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

…RESPONDENTS (BY SMT. B.V. VIDYULATHA, ADVOCATE FOR R3)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CRIMINAL PROCEDURE CODE PRAYING TO ORDER FOR THE TRANSFER OF TRIAL CASE BEARING CMC.NO.181/2018 PENDING ON THE FILE OF HONBLE CIVIL JUDGE AND JMFC AT BANGARPET TO THE COURT OF HONBLE CIVIL JUDGE AND JMFC, KOLAR FOR THE FAIR DISPOSAL OF THE SAME AS PER ANNEXURE-A AND ETC., THIS W.P., COMING ON FOR HEARING - INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE M G UMA

ORAL ORDER

The petitioner has approached this Court seeking issuance of writ in the nature of Mandamus, (i) to transfer the case in C.M.C.No.181/2018 pending on the file of learned Civil Judge and JMFC at Bangarpet to the Court of learned Civil Judge and JMFC at Kolar (herein after referred to as “Trial Court”) for disposal, (ii) to direct respondent No.3 to consider the complaint / representation submitted by the petitioner seeking disciplinary action against the Presiding Officer of the Trial Court and (iii) to direct the said Presiding Officer to pay a sum of Rs.500/- as compensation to the petitioner for causing mental agony due to the abuse of the Judicial power.

2. Brief facts of the case are that, respondent Nos.1 and

2 being the wife and child of the petitioner filed C.M.C.No.181/2018 claiming maintenance under Section 125 of Code of Criminal Procedure (for short, 'Cr.PC'). It is the contention of respondent Nos.1 and 2 that, respondent No.1 married the petitioner herein on 06.06.2017, and in the marriage they have begotten the girl child-respondent No.2. When she was 30 days old, C.M.C.No.181/2018 was filed claiming monthly maintenance before the Trial Court. The claimants have sought for grant of interim maintenance of Rs.20,000/- per month to respondent No.1 and Rs.6,000/- per month to respondent No.2. The petitioner herein being respondent in C.M.C.No.181/2018 filed his objections statement. After considering the objections, the Trial Court proceeded to pass the order awarding Rs.3,500/- to be paid to respondent Nos.1 and 2 herein as monthly interim maintenance and the matter was set down for evidence.

3. It is stated that the petitioner-husband has challenged the order granting interim maintenance before the learned Sessions Judge by preferring a Criminal Revision Petition No.45/2019, which came to be dismissed vide order dated 13.09.2019, while confirming the order of the learned Magistrate granting interim maintenance of Rs.3,500/-. Thus, the order granting interim maintenance has reached finality.

4. It is the contention of the wife that the petitioner herein had not paid the interim maintenance as directed. Therefore, she filed C.M.C.No.146/2019 seeking recovery of the maintenance amount. The petitioner herein was summoned before the Trial Court. Accordingly, he appeared through his counsel and sought for time to file objections. Even after several months, since the arrears of maintenance was not paid by the petitioner herein, learned Magistrate seems to have warned the petitioner herein that he will be taken into custody unless