DVPAIiSg T iHT taAI l H lLy A Ns L iIgNnGedA PbPyA LCKD o AO H c RU A a NR tRi A o W Tn T O A : A D FH K I AB G E H NCH BNSS) T C H R IS .P . C C R P IM RA IN Y A IN L G P E TO TI T T I R O A N N S IS FE R FI L T E H D E U PE /S TI .4 T 0 IO 7 N ( F F I I L L E E D D U U / / S S . . 1 4 4 4 4 7 OF BNSS IN CRL.MISC.NO.327/2025 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI TO THE COURT OF III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGLAURU FOR ADJUDICATION, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS CRIMINAL PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed under Section 447 of Bharatiya Nagarika Suraksha Sanhita, 2023 [‘BNSS’ for short] and Section 407 of Code of Criminal Procedure [‘Cr.PC’ for short] seeking transfer of Crl.Misc.No.327/2025 filed by the respondent against the petitioner under Section 144(1) of BNSS pending on the file of Principal Judge, Family Court, Hubballi, to the Court of III-Additional Principal Judge, Family Court, Bengaluru.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The marriage of the petitioner with the respondent was solemnized on 26.01.2020. It is alleged that the said marriage has not been consummated and the respondent started harassing the petitioner. It is also alleged that the respondent voluntarily left the matrimonial home of the petitioner on 07.09.2020 and never returned. The petitioner sent legal notice dated 17.11.2020 to the respondent, requesting her to come back and join him within 10 days and the said notice has been returned with a postal shara that ‘Addressee Refused’. The petitioner filed a petition praying to declare nullity of marriage on the ground of non-consummation of marriage in MC No.5183/2020 on the file of III-Additional Principal Judge, Family Court, Bengaluru. After one year and upon advise, the petitioner filed amended petition seeking dissolution of marriage under Section 13(i-a) and 13(i-b) of the Hindu Marriage Act, 1955 [‘Hindu Marriage Act’ for short]. The respondent appeared in MC No.5183/2020 through her counsel and filed a statement of objections to the main petition on 05.09.2022 and filed an application under Section 24 of the Hindu Marriage Act. The petitioner stated to have filed objections to the said application. The respondent has participated in the said proceedings and even partly cross-examined the petitioner. The respondent keeping her application pending filed under Section 24 of the Hindu Marriage Act before the III-Additional Principal Judge, Family Court, Bengaluru, has filed petition under Section 144 of BNSS seeking maintenance of Rs.50,000/- per month before the Principal Judge, Family Court, Hubballi. The respondent had filed transfer petition in CP No.100164/2025 before this Court at Dharwad Bench. The said transfer petition in CP No.100164/2025 came to be dismissed by order dated 04.11.2025, in the said order, this Court has directed the petitioner herein to pay a sum of Rs.10,000/- per visit for hearing in MC No.5183/2020. It is submitted that the petitioner is paying Rs.10,000/- per hearing on the respondent’s appearance in the said MC No. 5183/2020.

4. The learned counsel for the petitioner would contend that as respondent is now appearing in the said matrimonial case, she can also appear in the maintenance case.

5. The learned counsel for the respondent would contend that the respondent is a house wife, has engaged a counsel to represent her in the maintenance case filed in Hubballi and if it is transferred to Bengaluru, she has to engage another counsel to represent her at Bengaluru and it will cause her hardship. He further contended that there is no any interim maintenance ordered either in the matrimonial case or in the maintenance petition.

6. Since no interim maintenance is ordered to be paid to the respondent, the transfer sought for by the pe