MAUNA M H Vs. K G MAHESH MURTHY

JUDGEMENT

(1.) Though the matter is listed in the orders list with consent of both sides, it is taken up for final disposal.

(2.) This petition is filed by the petitioner/accused against the respondent/complainant under Section 407 of Cr.P.C seeking transfer of the Criminal Case from the file of Prl. Civil Judge and JMFC, at Sagar to Prl.Civil Judge and JMFC, Dharwad, wherein Criminal Miscellaneous No. 50/2016 is pending, in the interest of justice and equity.

(3.) Brief facts as narrated by the petitioner in the petition that, Criminal Case No. 403/2017 on the file of Prl.Civil Judge and JMFC Sagar showing the present petitioner as accused, alleging that, she committed offence under Section 500 of IPC, the respondent/complainant is none other than father-in-law of the petitioner. The husband of the petitioner-Shivaprasad is none other than the son of the respondent, petitioner filed the complaint against Shivaprasad for the offences punishable under Sections 18, 19, 20, 22 of the Domestic Violence Act, said case is pending in Criminal Miscellaneous No. 50/2016 on the file of Prl.Civil Judge and JMFC Court at Dharwad. Petitioner also filed the application for grant of interim maintenance under Section 23(2) of the Domestic Violence Act, 2005, the Court ordered that, the petitioner is entitled for interim maintenance of Rs.12,000/- per month till further orders. Shivaprasad who is the son of the respondent/ complainant had no intention to lead respectable, blissful marital life with the petitioner, he entered into said marriage with the eye on her background and her education. The petitioner lead several sleepless night expecting danger to her life, limb and prestige, this made Shivaprasad still greedy for wealth of parents of the petitioner and force her to bring more and more money and he was demanding money and money for Car, house, business purpose and for other things. The parents of the petitioner have gave considerable amount of cash, gold and silver in the marriage of the petitioner, there is further demand for the dowry amount by the husband of the respondent. The petitioner is studying M.Tech degree at Bangalore and she is in shelter of aged parents, who have no much income and leading normal life. The son of the complainant/respondent after service of summons appeared and filed objection to main petition along with memo to consider the said objection as objections to interim application and also he filed Criminal Appeal against the order of interim maintenance. The learned District and Sessions Judge was pleased to reduce the monthly maintenance from Rs.12,000/- p.m to Rs.5,000/- p.m. The petitioner has to study M.Tech and she is unable to bear expenses and also as unnecessarily the son of respondent was prolonging the petition, she filed Criminal Petition No. 100739/2017 before this Court seeking enhancement of the interim maintenance and this Court pleased to order that, after considering objections to interim application to be disposed of on merits and till disposal of said application, respondent has to comply order of the learned Magistrate. The further averments made in the petition that, the petitioner alone has to appear before the Court at Sagar, she is having life threat and she is not having support of any male members, therefore the petitioner because of the reasons as mentioned in detail in the petition sought the transfer of the criminal case from the file of JMFC Court at Sagar to the Court at Dharwad.