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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF MARCH, 2021

BEFORE

THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION No. 33 OF 2018

BETWEEN:

SRI R. KUMARA GURU

S/O LATE SRI RAJAGOPALA NAIDU

AGED ABOUT 60 YEARS,

RESIDENT OF FLAT NO. MF27/6

NABARD OFFICERS QUARTERS

NANDINI LAYOUT

BENGALURU – 560 096.

…PETITIONER

(BY SRI. VIJAYKUMAR PRAKASH., ADVOCATE)

AND:

SMT. K PARVATHI

W/O SRI R. KUMARA GURU

AGED ABOUT 53 YEARS,

RESIDENT OF C/O ANJINEYALU

VIDYANAGARA 5^TH CROSS,

LNT CEMENT GOWDOWN

BALLARI.

...RESPONDENT

(BY SRI. VISHWANATH H.M., ADVOCATE)

THIS CRL.P. IS FILED UNDER SECTION 407 CR.P.C

PRAYING TO TRANSFER THE PROCEEDINGS PENDING IN

CRL.MISC NO. 278/2017 ON THE FILE OF THE PRINCIPAL

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FAMILY COURT, BALLARI TO ANY OTHER COURT OF

COMPETENT JURISDICATION AT BENGALURU.

THIS PETITION COMING ON FOR HEARING THIS

DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Heard

learned

counsel

for

the

petitioner.

Learned counsel for the respondent is absent.

Objection has not been filed by the respondent

opposing the prayer sought for by the petitioner.

2.

Petitioner has sought for transfer of the

petition filed by the respondent – wife under Section

125 of Cr.P.C. She filed the petition before the Prl.

Family Court at Ballari. On receipt of summons,

petitioner has moved the instant petition seeking

transfer of the petition to the Family court at

Bengaluru on the ground of physical disability. In

proof thereof, petitioner has produced the certificate

issued

by

the

Assistant

Surgeon,

Government

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Hospital,

Royapettai,

Madras-14.

The

disability

certificate and identity card issued by the Directorate

for the Empowerment of Differently abled and Senior

Citizens, Bengaluru disclose that the petitioner is

suffering from impairment of left lower limb to an

extent of 50%.

3.

Added to the above, it is stated that

respondent has initiated criminal action against the

petitioner herein by lodging complaint under Section

498-A of Cr.P.C. at Bengaluru. These facts make out a

substantial cause for transfer of the petition to

Bengaluru as he is unable to travel to Bellary. The

reasons assigned by the petitioner in the petition

having not been controverted by the respondent

either by filing a statement of objection or by making

oral submissions and as the respondent is already

pursuing a criminal case in Bengaluru, the petition

deserves to be allowed.

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Accordingly,

the

petition

is

allowed.

The

proceeding pending in Crl.Misc.No.278/2017 on the

file of the Principal Family Court, Ballari is ordered to

be transferred to the Family Court, Bengaluru.

Sd/-

JUDGE

SA