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Smt. Rashmi K.C. W/O Manjunatha … vs Mr. Manjunath Goudra on 18 July, 2019

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 18TH DAY OF JULY 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A.PATIL

CRIMINAL PETITION NO.101046/2018
C/w.
CRIMINAL PETITION NO.101100/2018

BETWEEN:

SMT. RASHMI K.C.
W/O MANJUNATHA GOUDRA
AGED ABOUT: 28 YEARS,
OCC: HOUSEWIFE,
NOW C/O K.B.JAYAMMA,
#3885, MCC B-BLOCK,
NEAR AYAPPA SWAMY TEMPLE,
DAVANAGERE.
… PETITIONER
(COMMON)
(BY SRI. NEELENDRA D. GUNDE, ADVOCATE)

AND:

MR. MANJUNATH GOUDRA
S/O GOUDRA BOMMANAGOUDA,
AGE: 34 YEARS, OCC: TECHNICAL ARCHITECT AT INFOSYS
LTD., EMPLOYEE I.D.NO.102581,
ELECTRONIC CITY, BENGALURU,
PERMANENT R/O: SHREE MANJUNATHA KRUPA,
NEAR KOLASHANTESHWARA HIGH SCHOOL,
BASAVESHWARANAGAR, KOTTUR TOWN-583134,
KUDLIGI TALUK, BALLARI DITRICT.
… RESPONDENT

(COMMON)
(BY SRI. S S YADRAMI, ADVOCATE)
:2:

CRIMINAL PETITION NO.101046/2018 IS FILED
UNDER SECTION 482 OF CR.P.C., SEEKING TO CALL FOR
THE RELEVANT RECORDS QUASH THE ORDER PASSED
BY THE JMFC-KUDLIGI IN C.C.NO.267/2016 DATED
22.05.2018 THEREBY REJECTING THE INTERIM
APPLICATION NO.2 FILED UNDER SECTION 91(2) OF
CR.P.C. FILED BY THE PETITIONER AND CONSEQUENTLY
ALLOW I.A.NO.2.

CRIMINAL PETITION NO.101100/2018 IS FILED
UNDER SECTION 407 OF CR.P.C., SEEKING TO CALL FOR
THE RELEVANT RECORDS TRANSFER THE
PROCEEDINGS IN CRL.MISC.NO.267/2016 PENDING
BEFORE THE CIVIL JUDGE JMFC, KUDLIGI TO ANY
COURT AT DAVANGERE.

THESE PETITIONS COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

COMMON ORDER

Criminal petition No.101046/2018 has been filed

by the petitioner-wife under Section 482 Cr.P.C.

challenging the order passed on I.A.2 filed under

Section 91(2) of Cr.P.C., which came to be dismissed by

order dated 22.05.2018 by the learned JMFC, Kudligi in

C.C.No.267/2016. Criminal Petition No.101100/2018

has been filed by the petitioner-wife under Section 407

of Cr.P.C. praying this Court to transfer the proceedings
:3:

in Crl.Misc.No.267/2016 pending on the file of the

learned JMFC Court, Kudligi to any other Court at

Davangere.

2. Though both the cases are posted for

admission, with the consent of the learned counsel

appearing for the parties, the same have been taken up

for final disposal. Since both the petitions are between

the same parties, in order to avoid repetition of facts

and law, the same have been clubbed together and

disposed of by this common order.

3. I have heard the learned counsel appearing

for the petitioner and the respondent.

4. It is the case of the petitioner-wife that she

got married with the respondent on 21.10.2013 and

thereafter they led marital life. Thereafter there was ill-

treatment and harassment by the respondent-husband

for demand of dowry and as such, panchayat was also

held and it did not yield any fruits. Subsequently,
:4:

respondent filed a divorce petition in MAT No.26/2014

on the file of the Senior Civil Judge, Kudligi. The same

came to be dismissed and being aggrieved by the same,

the respondent preferred an appeal before this Court

and the same is pending. In the said petition, an

interim maintenance of Rs.30,000/- was awarded for a

period of six months and subsequently, no maintenance

was granted or given by the respondent-husband and as

such she filed the petition for claiming the maintenance

in Cri.Misc.No.267/2016. The respondent appeared

and contested the case. In order to substantiate the

fact that the respondent is having sufficient source of

income, she filed an application in I.A.2 under Section

91(2) of Cr.P.C. summoning the respondent to produce

the documents pertaining to the agricultural income,

salary and personal income of the respondent. The said

application came to be dismissed by hearing both the

parties. Challenging the same the petitioner is before

this Court.

:5:

5. Further, it is the further contention of the

petitioner that she is a resident of Davangere and the

distance between Davangere to Kudligi is about 90 kms

and it is very difficult for her to travel the said distance

and proceed with the matter. It is further contendd that

nobody is there to accompany her and greater hardship

would be caused to the petitioner if the case is

continued in Kudligi. It is further contended that the

convenience of the petitioner-wife has to be kept in view

at the time of adjudication of the matrimonial disputes

and the maintenance. The convenience of the wife has

to be considered and the matter has to be transferred

from Kudligi Court to Davangere Court.

6. It is the submission of the learned counsel

for the respondent that the application filed under

Section 91(2) of the Cr.P.C. is not maintainable as the

respondent has already filed an affidavit and submitted

to the Court that he is no more working in Infosys nor

in any company and has not getting any salaried
:6:

income. It is his further submission that, insofar as

agricultural property is concerned, the petitioner can

obtain the documents from Bhoomi Kendra and other

concerned offices and it is not necessary that the

respondent has to produce the said documents. It is his

further contention that, the petitioner-wife has to

establish that the respondent is having sufficient

sources of income and she is unable to maintain herself

and she is not having any sources of income for her

maintenance. The said application has been filed only

with an intention to harass the respondent. On these

grounds, he prayed that the trial Court after considering

all the facts has rightly rejected the said I.A.2. There

are no good grounds to interfere with the said order.

7. It is his further submission that the Criminal

Miscellaneous was filed in the year 2016 and already

the proceedings are going on by appearance of both the

parties. At the last moment the petitioner-wife has filed

the transfer application only to harass the respondent-
:7:

husband. On these grounds he prayed to dismiss the

petition filed for transfer.

8. I have carefully and cautiously gone through

the submissions made by the learned counsel appearing

for the parties and perused the records.

9. The petitioner has filed an application under

Section 91(2) of Cr.P.C. asking the respondent to

produce the income records and the records pertaining

to the agricultural properties. When the respondent

himself has told in the open Court that he is not

working in the Infosys now and even in any other

companies, the Court can take the said fact that he was

not working in any other companies. If at all the

present petitioner-wife is having any information to the

effect that he is working somewhere and getting the

salary income, then she can file such application and

direct the concerned authorities to get the salary

certificate of the respondent. In the absence of any
:8:

such material, vaguely if an application has been filed

asking about the salary of the respondent, such

application cannot be entertained. The said application

itself is very vague. As per Section 91 of Cr.P.C., the

petitioner has to file an application calling for any

information and any other documents by establishing

the fact that the said documents were in possession of

the said person. Until and unless she establishes the

fact that the said documents were in possession of the

respondent, the said application cannot be entertained.

Insofar as the agricultural property is concerned, they

are considered to be public documents and they will be

available and even the petitioner-wife can obtain the

said documents and produce before the Court to

establish that the respondent-husband is having

agricultural properties and is having the source of

income so as to get the maintenance from him. That

matter has to be considered and appreciated only at the

time of trial.

:9:

10. Insofar as the petition for transfer is

concerned, though it is contended by the learned

counsel for the respondent-husband that only with an

intention to harass at a belated stage the said

application has been filed, as held by the Hon’ble Apex

Court, it is the convenience of the wife which has to be

looked into while considering the application for

maintenance and other matrimonial proceedings.

Though the petitioner-wife has filed on her own the

petition before the Kudligi Court, but when she has

made out case that there is nobody to accompany her

and it is causing inconvenience to attend the Court on

all dates of hearing, in that light, I feel that, if the

petition is allowed and if Crl.Misc.No.267/2016 pending

on the file of the JMFC Court, Kudligi, is made over to

the Family Court at Davangere, it is going to meet the

ends of justice.

11. In the light of the discussion held by me

above, Crl.P.No.101046/2018 is dismissed as devoid of
: 10 :

merits. Crl.P.No.101100/2018 is allowed and

Crl.Misc.No.267/2016 pending on the file of the JMFC

Court, Kudligi is hereby withdrawn and the same is

transferred to the Family Court, Davangere.

Both the parties are hereby directed to appear

before the Family Court, Davangere without further

notice on 16.08.2019 and the Family Court is hereby

directed to proceed in accordance with law and dispose

of the matter expeditiously.

Sd/-

JUDGE

gab

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