ANNAVARAPU DHANARAJ Vs. ANNAVARAPU MANIKYAM

JUDGEMENT

(1.) This Tr.C.M.P. raises an important question of law, namely, whether an application under Section 24 of the Code of Civil Procedure 1908 (Code of Civil Procedure) can be filed in the High Court, for transfer of a maintenance case filed in the Family Court under Section 125 of the Code of Criminal Procedure, 1973 (Code of Criminal Procedure).

(2.) The brief facts of the case are that, The marriage between the Petitioner and the 1 st Respondent took place on 30.04.2006 at Visakhapatnam, and Respondents 2 and 3 are their children. Differences have arisen between the Petitioner, on the one hand, and the 1 st Respondent, on the other, and they started living separately. The Respondents filed M.C. No. 318 of 2010 in the Family Court, Hyderabad, under Section 125 Code of Criminal Procedure, against the Petitioner. This Tr.C.M.P., under Section 24 of Code of Civil Procedure, is filed with a prayer to transfer the M.C. to the Family Court, Visakhapatnam. The Petitioner made certain serious allegations against the 1 st Respondent and it is not necessary to mention the same here. The gist of his contention is that the brothers of the 1 st Respondent are associated with influenced persons, and on certain occasions, they have threatened the Petitioner with dire consequences, when he attended the Family Court at Hyderabad.

(3.) The Registry of this Court as well as the Respondents raised an objection, as to the maintainability of the Tr.C.M.P. According to them, the M.C. was filed under Section 125 Code of Criminal Procedure, and the only remedy available to the Petitioner is to file an application under Section 407 of Code of Criminal Procedure. The petition is opposed on merits also.