Petitioner sought transfer of maintenance enhancement proceedings from Jajpur to Cuttack Family Court. Bench held residual proceedings under Section 127 Cr.P.C cannot be transferred to a court lacking jurisdiction. Transfer application dismissed.
Transfer application dismissed; case remains in Court of Judge, Family Court, Jajpur.
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TRP(CRL) No.11 of 2020
02. 10.02.2020
Heard learned counsel for the petitioner.
In this case, prayer has been made to transfer the Cr.P. No.126 of 2019 pending in the Court of the Judge, Family Court, Jajpur to the Court of the Judge, Family Court, Cuttack on the ground that the petitioner-husband is working as a Senior Clerk in the Office of the Collector, Cuttack and facing difficulty to attend the court on each date of posting.
The proceeding sought to be transferred involves enhancement of monthly maintenance already allowed in Cr.P. No.197 of 2012 by the said Judge, Family Court.
Under section 7(2) in the Family Court’s Act 1984, a Family Court shall also have jurisdiction exercisable by a Magistrate, First Class under Chapter IX. Under section 127 of the Cr.P.C, the alteration of allowance can be made by such Magistrate as he deems fit. So a residual proceeding under section 127 Cr.P.C. cannot be transferred to a Court having no jurisdiction. Hence, I am not inclined to transfer this case from the Court of Judge, Family Court, Jajpur to the Court of Judge, Family Court, Cuttack.
Accordingly the case stands dismissed.
………………………….
Dr.A.K.Mishra, J.
pks
3 issues framed by the court
Whether a Family Court can be transferred for a maintenance alteration proceeding where the originating court lacks jurisdiction over alternative forum options.
Whether Section 127 Cr.P.C proceedings can be transferred to a court that does not possess the requisite jurisdiction for alteration of allowance.
Whether the transfer of the pending maintenance case from Jajpur to Cuttack on ground of petitioner's employment is legally tenable.
2 provisions across 2 enactments
Petitioner
Judice, Family Court, Jajpur
Dr.A.K.Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
