LAWS(KAR)-2023-2-581

CHAITRA G. MALLYA Vs. A. ARAVINDA SHENOY

Decided On February 02, 2023
Chaitra G. Mallya Appellant
V/S
A. Aravinda Shenoy Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for respondent Nos. 1 and 3. Respondent No. 2 is dead.

(2.) Petitioner is the wife and respondent No. 1 is her husband and respondent No. 3 is the brother of respondent No. 1. Respondent No. 2 who is no more was the father of respondent Nos. 1 and 3. The marriage of the petitioner with respondent No. 1 was solemnized on 30/4/2015 and out of their wedlock a son was born on 20/2/2016. The petitioner left her husband's house during the year 2019 and started residing in Mangaluru at her mother's house. The petitioner filed a petition under Sec. 12 of the Protection of Women from Domestic Violence Act , 2005 in Crl. Misc.No.77/2019 pending on the file of JMFC (II Court), Mangaluru, D.K., against the respondents. The petitioner has sought for transfer of Crl. Misc.No. 77/2019 pending on the file of JMFC (II Court), Mangaluru, D.K. to the Court of Chief Metropolitan Magistrate, Bengaluru.

(3.) Transfer is sought on the ground that the petitioner now shifted to Bengaluru and residing in a rented premises along with her mother and a minor son aged about 6 years.