Smt Leena Abraham v. Byju Joseph
Case brief
What is this about?
Criminal petition seeking transfer of a pending maintenance case under Section 125 Cr.P.C. from one Family Court to another. The High Court rejected the petition, finding no bias against the current Presiding Officer and noting that petitioners failed to comply with directions to file fresh applications after being granted liberty.
What did the court decide?
Petition seeking transfer rejected; Chief Judge directed presiding officer to expedite disposal of the underlying maintenance case.
What the court decided
- 1 - NC: 2024:KHC:44932 CRL.P No. 8473 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 8473 OF 2024
BETWEEN:
- SMT. LEENA ABRAHAM W/O BYJU JOSEPH AGED ABOUT 42 YEARS OCC: HOUSE WIFE.
- KUMARI NANMA JOSEPH D/O SMT. LEENA ABRAHAM AND BYJU JOSEPH AGED ABOUT 07 YEARS BOTH ARE RESIDING AT No.A-901 BRIGADE GARDENIA APARTMENT J.P NAGAR, 7TH PHASE BENGALURU - 560 078.
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
COMPLAINANT No.2 IS MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. LEENA ABRAHAM THE COMPLAINANT No.1 HEREIN.
Issues for consideration
3 issues framed by the court
Whether a criminal petition under Section 407 Cr.P.C. seeking transfer of a maintenance case is maintainable given the absence of bias or deliberate inaction allegations.
Whether the rejection of interim maintenance applications on technical grounds provides sufficient ground for transferring the case to another Family Court.
What direction should the High Court issue to the trial court regarding the disposal of a pending maintenance matter where no bias is alleged.
Parties & counsel
- petitioner
SMT. LEENA ABRAHAM
- petitioner
KUMARI NANMA JOSEPH
- respondent
BYJU JOSEPH
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- CRL.P/8473/2024
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