(Prayer: This criminal petition is filed u/s.407 (filed u/s.447 BNSS) Cr.P.C praying to transfer the petition filed u/s.144 Of BNSS in Crl.Misc.No.327/2025 on the file of the Principal Judge, Family Court, Hubballi to the court of III Additional Principal Judge, Family Court, Benglauru for Adjudication, in the interest of justice and equity.)

Oral Order:

1. This petition is filed under Section 447 of Bharatiya Nagarika Suraksha Sanhita, 2023 [‘BNSS’ for short] and Section 407 of Code of Criminal Procedure [‘Cr.PC’ for short] seeking transfer of Crl.Misc.No.327/2025 filed by the respondent against the petitioner under Section 144(1) of BNSS pending on the file of Principal Judge, Family Court, Hubballi, to the Court of III-Additional Principal Judge, Family Court, Bengaluru.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The marriage of the petitioner with the respondent was solemnized on 26.01.2020. It is alleged that the said marriage has not been consummated and the respondent started harassing the petitioner. It is also alleged that the respondent voluntarily left the matrimonial home of the petitioner on 07.09.2020 and never returned. The petitioner sent legal notice dated 17.11.2020 to the respondent, requesting her to come back and join him within 10 days and the said notice has been returned with a postal shara that ‘Addressee Refused’. The petitioner filed a petition praying to declare nullity of marriage on the ground of non-consummation of marriage in MC No.5183/2020 on the file of III-Additional Principal Judge, Family Court, Bengaluru. After one year and upon advise, the petitioner filed amended petition seeking dissolution of marriage under Section 13(i-a) and 13(i-b) of the Hindu Marriage Act, 1955 [‘Hindu Marriage Act’ for short]. The respondent appeared in MC No.5183/2020 through her counsel and filed a statement of objections to the main petition on 05.09.2022 and filed an application under Section 24 of the Hindu Marriage Act. The petitioner stated to have filed objections to the said application. The respondent has participated in the said proceedings and even partly cross-examined the petitioner. The respondent keeping her application pending filed under Section 24 of the Hindu Marriage Act before the III-Additional Principal Judge, Family Court, Bengaluru, has filed petition under Section 144 of BNSS seeking maintenance of Rs.50,000/- per month before the Principal Judge, Family Court, Hubballi. The respondent had filed transfer petition in CP No.100164/2025 before this Court at Dharwad Bench. The said transfer petition in CP No.100164/2025 came to be dismissed by order dated 04.11.2025, in the said order, this Court has directed the petitioner herein to pay a sum of Rs.10,000/- per visit for hearing in MC No.5183/2020. It is submitted that the petitioner is paying Rs.10,000/- per hearing on the respondent’s appearance in the said MC No. 5183/2020.

4. The learned counsel for the petitioner would contend that as respondent is now appearing in the said matrimonial case, she can also appear in the maintenance case.

5. The learned counsel for the respondent would contend that the respondent is a house wife, has engaged a counsel to represent her in the maintenance case filed in Hubballi and if it is transferred to Bengaluru, she has to engage another counsel to represent her at Bengaluru and it will cause her hardship. He further contended that there is no any interim maintenance ordered either in the matrimonial case or in the maintenance petition.

6. Since no interim maintenance is ordered to be paid to the respondent, the transfer sought for by the petitioner can be considered subject to the petitioner paying interim maintenance of Rs.20,000/- per month on the condition that the respondent shall not claim Rs.10,000/- conveyance fee per hearing in MC No.5183/2020 as ordered in CP No.100164/2025. The learned counsel for the respondent has agreed that the respondent will not claim the said conveyance fee of Rs.10,0000/- per hearing subject to condition that the petitioner shall go on paying Rs.20,000/- per month as interim maintenance to the respondent till disposal of the maintenance petition and MC No.5183/2020.

7. Considering the above aspects, the following;

               ORDER

               i) The petition is allowed.

               ii) Crl.Misc. No.327/2025 filed by the respondent against the petitioner under Section 144 of BNSS pending on the file of Principal Judge Family Court, Hubballi, is withdrawn and transferred to III-Additional Principal Judge, Family Court, Bengaluru to be clubbed along with MC No.5183/2020.

               iii) The petitioner shall pay monthly interim maintenance of Rs.20,000/- till disposal of the maintenance petition and MC No.5183/2020 subject to condition that the respondent shall not claim conveyance charges of Rs.10,000/- per hearing as ordered in CP No.100164/2025.

               iv) The said interim maintenance shall be payable from March-2026, to be deposited before the III-Additional Principal Judge, Family Court, Bengaluru, on or before 05th of every month.

                    v) III-Additional Principal Judge, Family Court, Bengaluru, shall expedite the disposal of both MC No.5183/2020 and maintenance petition.