MUKTHINUTHALAPATI ASHOK KUMAR Vs. MUKTHINUTHALAPATI ANURADHA

JUDGEMENT

(1.) This Civil Revision Petition is filed against Order, dated 15-12-2011 in TOP.No. 861 of 2011, on the file of the Court of the learned District Judge, Guntur. The petitioner is the husband of the respondent. The respondent filed HMOP.No. 33 of 2008 in the Court of the learned Senior Civil Judge, Bapatla, for restitution of conjugal rights. In the said OP, she has filed IA.No. 232 of 2009 under Section 24 of the Hindu Marriage Act, 1955, for interim maintenance. She has also filed MC. No. 41 of 2008 for monthly maintenance under Section 125 of the Criminal Procedure Code, 1973 (for short 'the Cr.P.C.'), in the Court of the learned Additional Judicial First Class Magistrate, Bapatla. The petitioner filed the above transfer OP before the District Court, Guntur, for transferring MC. No. 41 of 2008 from the Court of the learned Additional Judicial First Class Magistrate, Bapatla, to the Court of the learned Senior Civil Judge, Bapatla, for being tried along with IA. No. 232 of 2009 in HMOP. No. 33 of 2008. This application was dismissed by the learned District Judge on the reasoning that the scope of the applications seeking interim and monthly maintenance respectively before the two Courts is different and distinct and that even if the respondent succeeds in getting the maintenance awarded in both the proceedings, the petitioner can seek modification of the Order granting maintenance under Section 125 Cr.P.C, by filing appropriate application under sub-Section (2) of Section 127 Cr.P.C.

(2.) At the hearing, Mr. J. Seshagiri Rao, learned Counsel for the petitioner, submitted that, since the proceedings pending before both the Courts are similar in nature, even though the respondent has invoked the jurisdiction of the learned Judicial First Class Magistrate, Bapatla, under Section 125 Cr.P.C., in order to avoid conflicting orders, it is appropriate to transfer the case pending in the Court of the learned Additional Judicial First Class Magistrate, Bapatla to the Court of the learned Senior Civil Judge, Bapatla.

(3.) Under Section 125 Cr.P.C., a Magistrate of the First Class is conferred with the jurisdiction to order maintenance for wives, children and parents. Admittedly, the learned Senior Civil Judge, Bapatla, does not have jurisdiction to exercise powers under Section 125 Cr.P.C., unlike a Family Court, which is conferred with such jurisdiction by Section 7 (2) (a) of the Family Courts Act, 1984. Thus, the jurisdiction under Section 125 Cr.P.C., cannot be conferred on the learned Senior Civil Judge, Bapatla.