Petitioner sought transfer of a maintenance petition under Section 125 CrPC from a trial court to Bengaluru via Section 24 CPC. Court held that Section 407 CrPC provides the specific remedy, rendering the present petition non-maintainable and dismissed it.
Petition dismissed as not maintainable. Liberty reserved to approach the appropriate forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CP No. 222 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
CIVIL PETITION NO. 222 OF 2022
BETWEEN:
…PETITIONER
(BY SRI. MOHAN KUMAR M. E., ADVOCATE (ABSENT))
Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA
AND:
…RESPONDENT
CP No. 222 of 2022
The advocate for the petitioner has filed the above Civil Petition Under Sec.24 of CPC, praying that this Honble Court be pleased to (a) Transfer the petition filed by the respondent in Crl.Misc.No.289/2020 on the file of Civil Judge and JMFC Court at Malavalli Taluk, Mandya District to the Court of VI Additional Family Judge at Bengaluru. (b) Call for records in Crl.Misc.No.289/2020 on the file of Civil Judge and JMFC Court at Malavalli Taluk, Mandya District. (c) To grant such other relief/s that this Honble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity and etc.,
This Petition, coming on for Orders, this day, the Court made the following:
ORDER
There is no representation on behalf of the petitioner.
The present petition is filed by the petitioner, who is the husband of respondent, seeking transfer of the petition filed by the respondent-wife in Crl.Misc.No.289/2020 on the file of Civil Judge and JMFC Court at Malavalli Taluk, Mandya District to the Court of VI Additional Family Judge at Bengaluru.
CP No. 222 of 2022
CP No. 222 of 2022
The present petition is Dismissed as not maintainable. However, reserving liberty to the petitioner to approach the appropriate forum under the relevant provision of law seeking
necessary reliefs.
Sd/JUDGE
SNN List No.: 1 Sl No.: 7 CT:PH
1 issue framed by the court
Whether a petition filed under Section 24 of CPC seeking transfer of a maintenance case under Section 125 CrPC is maintainable.
3 provisions across 2 enactments
SRI. MOHAN T
SMT. SHILPAKALA B. C.
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
