Dismissed

Smt. Nazia Farheen v. Akthar Shaikh

Telangana HC16 Apr 2013TRCRLP/354/2011

Case brief

AI extract

What is this about?

The Supreme Court dismissed a transfer petition seeking to move a concluded maintenance case from a rural first-class magistrate's court in Bodhan to a family court in Hyderabad. The bench held that since the original maintenance order had become final, the proper remedy was execution proceedings before the original court, not a transfer.

What did the court decide?

Transfer Criminal Petition dismissed and miscellaneous petitions closed.

Smt. Nazia Farheen Vs Akthar Shaikh — Pension and Retirement Benefits | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR

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TRANSFER CRIMINAL PETITION No. 354 of 2011

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ORDER:

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1. This Transfer Criminal Petition is filed by the petitioners under Section 407 of the Code of Criminal Procedure, 1973 seeking transfer of M.C.No.18 of 2010 on the file of the Judicial First Class Magistrate, Bodhan of Nizamabad District to the Family Court at Nampally, Hyderabad.

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2. A perusal of the record would indicate that the petitioners 1 and 2 herein filed M.C.No.18 of 2010 seeking maintenance from the respondent @ Rs.5,000/- to the 1^st petitioner (wife) and Rs.2,500/- to the 2^nd petitioner (daughter). By an order dt.16.11.2010 the learned Judicial Magistrate of First Class, Bodhan allowed the Maintenance Case granting monthly maintenance @ Rs.2,000/- to the 1^st petitioner and Rs.1,000/- to the 2^nd petitioner. The said amount was directed to be paid on or before 5^th of every month. The said order appears to have become final. In spite of the same, the respondent No.1 herein has not been paid any amount towards maintenance to the petitioners and as such the petitioners herein filed Crl.M.P.No.985 of 2011 for recovery of arrears of maintenance of Rs.43,000/-.

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3. The present application is filed seeking transfer of M.C.No.18 of 2010 on the ground that the 1^st petitioner-wife has shifted her residence from Bodhan to Hyderabad and pursuing her studies in M.B.A. at New Directions International Institute of Management at Somajiguda, Hyderabad.

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4. As stated earlier, when the main M.C.No.18 of 2010 itself has become final and the same was disposed of by an order dt.16.11.2010, the question of transferring the said M.C. at this stage,

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does not arise. The execution proceedings are to be filed before the Court which granted maintenance to the petitioners.

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5. In fact the docket proceedings would indicate that the matter was listed for the first time on 13.12.2011, on which date there was no representation. Further, when the matter was called on 15.04.2013, there was no representation on behalf of the petitioners. Hence, it was posted for orders on this day and even today also there is no representation on behalf of the petitioners. Therefore, it appears that the petitioners are not interested in prosecuting the matter.

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6. For the foregoing reasons, this application for transfer of M.C.No.18 of 2010 on the file of the Judicial Magistrate of First Class, Bodhan of Nizamabad District to Family Court at Nampally, Hyderabad, is devoid of any merit.

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7. Accordingly, the Transfer Criminal Petition is dismissed. The Miscellaneous Petitions, if any, pending in this Transfer Criminal Petition, shall stand closed.

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____________________ C. PRAVEEN KUMAR, J

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Date: 16-04-2013 MR

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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR

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TRANSFER CRIMINAL PETITION No. 354 of 2011

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DATE: 16-04-2013

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Smt. Nazia Farheen v. Akthar Shaikh

Case brief

What is this about?

What did the court decide?

Smt. Nazia Farheen v. Akthar Shaikh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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