PAVITHRA KRISHNAKUMAR Vs. SRI. KRISHNAKUMAR BUDNI

JUDGEMENT

(1.) This appeal is filed under Sec. 407 of Cr.P.C. by the wife and minor son of the respondent seeking transfer of maintenance petition filed by them, from the Court of V Additional Principal Judge, Family Court, Bengaluru, to the Court of Senior Civil Judge, Basavana Bagewadi, Vijayapura District.

(2.) There is no dispute with regard to the relationship between the parties. Crl.Misc.No.246/2019 is filed by the petitioners before the Family Court, Bengaluru, seeking maintenance of Rs.40,000.00 per month. Admittedly, the petitioners are now residing at Basavana Bagewadi, Vijayapura. It is submitted in the petition that after the marriage, the parties were residing in Bengaluru. The respondent started subjecting his wife to mental agony and hardship. Several panchayats held to bring them together went in vain and since December 2018, wife is staying separately along with her minor child.

(3.) It is submitted by the learned counsel for the petitioners that initially the child was attending school in Bengaluru when the parties were residing together. Now, the child is studying in Basavana Bagewadi, Vijayapura, and the petitioners are residing in Vijayapura in the parents' house of petitioner No.1. The same is not disputed by the learned counsel for respondent. But the respondent's arguments are that, there is even a criminal case pending in Bengaluru, which is initiated by petitioner No.1. Various allegations made against the respondent have been denied in the statement of objections. It is stated that petitioner No.1 herein all of a sudden, in the year 2018, left the matrimonial home along with her minor son and went to her mother's house without any reason. However, the respondent has admitted that the petitioners are now staying in Basavana Bagewadi, Vijayapura and she has no residence in Bengaluru.