SHRI. PRAKASH vs SMT. UMASHREE
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11662
CRL.P No. 201032 of 2026
CNR: KAHC030076072026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201032 OF 2026
(407(Cr.PC)/447(BNSS))
BETWEEN:
SHRI PRAKASH
S/O CHANDRASHEKHAR DALAWAI,
AGE:38 YEARS,
OCC: GOVERNMENT EMPLOYEE,
R/O. RAMPUR,
TALUK & DISTRICT BAGALKOT-587 101.
…PETITIONER
(BY SMT. SWATI & KUM. BHUWANESHWARI G.B., ADVOCATES)
AND:
SMT. UMASHREE W/O PRAKASH DALAWAI,
AGE:31 YEARS, OCC:HOUSEWIFE,
R/O. RAMPUR,
TALUK & DISTRICT BAGALKOT – 587 101,
PRESENTLY RESIDING AT
C/O. SUNIL KUMAR M. SURYAVANSHI,
MANOGIRI VISHAL NAGAR,
ND
OPP. KSRTC 2 DEPOT,
NEAR MUNDEWASI HOSPITAL,
VIJAYAPURA-586 101.
…RESPONDENT
(BY SRI S.S. MAMADAPUR, ADVOCATE)
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
THIS CRIMINAL PETITION IS FILED UNDER SECTION 447
OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023,
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CRL.P No. 201032 of 2026
CNR: KAHC030076072026
PRAYING TO PASS THE APPROPRIATE DIRECTION OR ORDER
TO TRANSFER THE CRL MISC. NO.657/2025 PENDING
PROCEEDINGS ON THE FILE OF PRL. JUDGE, FAMILY COURT,
VIJAYAPURA TO THE PRL. JUDGE, FAMILY COURT, BAGALKOT,
BY ALLOWING THIS PETITION.
THIS PETITION, COMING ON FOR DICTATING ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard the learned counsel for the petitioner/
husband and the learned counsel for the respondent/
wife on the petition. Perused the relevant materials on
record.
2. This petition is filed by the petitioner/
husband under Section 447 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘ BNSS ’), praying for
an order to transfer the petition in Crl.Misc.
No.657/2025 pending on the file of the learned Principal
Judge, Family Court, Vijayapura (for short ‘Family
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Court Vijayapura’) to the Principal Judge, Family Court,
Bagalkot (for short ‘Family Court, Bagalkot’).
3. The contention of the petitioner is that he has
filed petition in MC No.137/2025 against the
respondent, which is pending before Family Court
Bagalkot and the respondent herein has filed the
petition in Crl.Misc. No.657/2025 before Family Court
Vijayapura. The distance between Bagalkot and
Vijayapura is 85 kms. The petitioner being employer
cannot attend the Court at Vijayapura. Moreover, he
has to take care of his three children and old aged
mother, who are residing with him. If he frequently
travels to Vijayapura to attend the Court, interest of his
minor children would adversely be affected. The
petition filed by the respondent before the Vijayapura
Court is only with an intention to harass him and
compel him to travel between Vijayapura and Bagalkot.
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Therefore, the petitioner has sought for allowing the
petition.
4. Learned counsel for the respondent has orally
objected to the petition submitting that inconvenience of
the husband cannot be a ground to transfer the case.
There is no sufficient ground made out by the husband
to allow the petition. Therefore, the learned counsel for
the respondent has sought for dismissal of the petition.
5. The fact that the petitioner and the
respondent are husband and wife is not in dispute. It is
also not in dispute that the petitioner has filed divorce
petition before the Family Court, Bagalkot. As per the
petition averments and also as forthcoming from the
papers on record, it is undisputed fact that the
respondent is residing in Vijayapura and the petitioner
is Government Employee and he is residing in Bagalkot.
As submitted by the learned counsel for the respondent,
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the reason that the petitioner suffers inconvenience
cannot be a ground to transfer the case as sought for in
the petition.
6. The learned counsel for the respondent has
relied on the order dated 10.02.2026 of the coordinate
Bench of this Court in Crl.P. No.4556/2025, wherein in
similar petition filed by the husband under Section 407
of Cr.P.C./447 of BNSS is dismissed for the reason that
the husband cannot travel to the Court, wherein the
case is pending, from his native place cannot be a
ground to transfer the petition. The facts of the referred
decision are similar to the facts of case on hand.
7. It is true that learned counsel for the
petitioner has relied on the order dated 07.01.2025 of
the coordinate Bench of this Court in CP No.370/2024,
wherein the similar petition filed by the wife is
dismissed and hence, on the basis of the said order, the
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CRL.P No. 201032 of 2026
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learned counsel for the petitioner seeks transfer of the
case as sought for in the present petition.
8. However, the reasoning of the coordinate
Bench of this Court in the said decision has observed
that:
“6. Constitutionally, a female has got equal rights as
that of the male. As a matter of fact, women are the
primary victim in most situations, but that does not
mean that men are not affected by the cruelty of
women. Therefore, there is necessity for the gender
neutral society. Such a society aims at preventing
separation of duties according to sex or gender. It will
focus on equal treatment of men and women both in
domestic affairs and work places. Equality should be in
its truest sense and not at the expense of either gender.
However admirable our efforts to safeguarding women
may be, we should not overlook the challenges
encountered by men in our society.
7. Only because the transfer petition is moved by a
woman, transfer of the case as sought for cannot be
effected. All the attending facts and circumstances
have to be looked into.”
9. On the basis of the order referred
hereinabove, wherein the transfer petition filed by the
wife was dismissed, the learned counsel for the
petitioner has sought for allowing the petition for the
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reason of inconvenience of the petitioner/ husband.
However, as submitted by the learned counsel for the
respondent, the above referred order of the coordinate
Bench of this Court clearly makes out that
inconvenience of any of the parties to the petition
cannot be a ground to transfer the petition as sought for
by either of the parties.
10. Moreover, in matrimonial dispute the interest
of wife should be primarily considered by the Court.
The inconvenience of petitioner/ husband cannot be a
ground to consider the transfer petition, that too in
matrimonial cases. Therefore, there is absolutely no
sufficient ground, much less any ground made out by
the petitioner to transfer the case as sought for in the
petition. Consequently, the petition is liable to be
dismissed.
11. In the result, I proceed to pass the following:
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ORDER
The petition is hereby dismissed.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 1 Sl No.: 28