Single-judge order dismissing a transfer petition. The Court held that a maintenance case under Section 125 Cr.P.C. is strictly criminal and cannot be transferred to a Sub-Court via a civil petition, though the petitioner may approach the appropriate court for transfer.
Transfer petition dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
TR.CMP.NO.935 OF 2021 AND CMP.NO.20828 OF 2021
Kishore ..Petitioner
Vs.
Nishanthi ..Respondent
Prayer:
Transfer civil miscellaneous petition filed under Section 24 of CPC, seeking to withdraw FCMC.No.44 of 2021 on the file of the Family CourtJudge, Vellore and transfer the same to the Subordinate Court at Alandur.
For Petitioner : Mr.M.Mohamed Riyas
The petitioner seeks transfer of a maintenance case in FCMC.No.44 of 2021 pending on the file of the Family Court, Vellore to the Sub-Court at Alandur.
2.A maintenance case, though filed in a Family Court, is strictly a criminal proceeding under Section 125 of Cr.P.C., and the same cannot be transferred to a Sub-Court. Hence, this transfer civil miscellaneous petition is dismissed. Leaving it open to the petitioner to approach the appropriate Court, seeking transfer. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
kkn
Sub Assistant Registrar
To:-
The Family Court, Vellore.
Tr.CMP.No.935 of 2021 and CMP.No.20828 of 2021
AD(CO) PM/10/01/2022
1 issue framed by the court
Whether a maintenance case filed under Section 125 of Cr.P.C. in a Family Court can be transferred to a Sub-Court via a Civil Miscellaneous Petition under Section 24 of CPC.
2 provisions across 2 enactments
Kishore
Nishanthi
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
