IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2017 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3550/2015 BETWEEN D. CHANDRAIAH, S/O. DASABOVI, AGED ABOUT 56 YEARS, WORKING AS HEAD CONSTABLE, AMRUTHURU - 572 111.
KUNIGAL TALUK, TUMKUR DISTRICT.
(By SRI. T. GOVINDARAJA, ADV.) AND SMT. P. PARVATHAMMA, W/O. D. CHANDRAIAH, AGED ABOUT 48 YEARS, R/AT. NO.2, 51/A, 1ST MAIN, 1ST CROSS, J.K.PURA, ADUGODI POST, BANGALORE-560 030 (By SRI. M. C. BASAVARAJU, ADV.) ... PETITIONER ... RESPONDENT THIS CRL.P IS FILED U/S.407 CR.P.C PRAYING TO TRANSFERRING THE CASE IN CRL.MISC.NO.650/2014 ON THE FILE OF II ADDL. PRL. JUDGE AND FAMILY COURT, BANGALORE TO PRL. JUDGE AND FAMILY COURT, TUMKUR FOR DISPOSAL.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition is filed seeking transfer of Crl.Misc.No.650/2014 pending on the file of II Additional Principal Judge and Family Court, Bengaluru to the Principal Judge, Family Court, Tumakuru for disposal.
2. The learned counsel for the petitioner seriously argued before this Court that all the previous proceedings between the parties have taken place before the judicial Courts at Tumakuru. It is urged that the respondent had filed suit in O.S.No.383/1997 seeking maintenance of Rs.2,000/- before the II Additional Civil Judge (Jr. Dn.) and JMFC, Tumakuru, which came to be decreed. The petitioner has filed regular appeal in R.A.No.59/2006 before the Senior Civil Judge, Tumakuru, later registered as R.A.No.295/2008 on the file of Fast Track Court, Tumakuru, which came to be dismissed on 16.10.2009. Execution proceedings were also instituted in E.P.No.78/2006 on the file of the II Additional Civil Judge (Jr. Dn.) and JMFC, Tumakuru. However, showing false address, the respondent has filed a petition under Section 127 of Cr.P.C. in Crl.Misc.No.650/2014 for altering the maintenance amount of Rs.2,000/- by enhancing the same to Rs.5,000/- per month. Learned counsel submitted that there is no order passed by the Magistrate under Section 125 of Cr.P.C. for the purpose of alteration or enhancing the same under Section 127 of Cr.P.C. Therefore, he submits that the Family Court at Bengaluru has absolutely no jurisdiction to entertain the petition at all. In view of the above said submission, the learned counsel has sought for transfer of the petition in Crl.Misc.No.650/2014 pending on the file of the II Additional Principal Judge and Family Court, Bengaluru to the Principal Judge and Family Court, Tumakuru. In view of his submission that he has already filed an application questioning the jurisdiction of the said Court stating that the said Court has no jurisdiction under Section 127 of Cr.P.C. to pass any orders, even such petition is transferred to any another Court, if the Court has no jurisdiction it cannot try such petitions. If the Family Court holds that it has no jurisdiction to entertain the petition under Section 127 of Cr.P.C., that itself will be sufficient remedy for the petitioner.
3. Under the above such circumstances, when the application is pending before the Family Court questioning the jurisdiction, in my opinion, the petitioner has to press that application first and then if the Family Court holds that it has got jurisdiction then only he can move for transfer of the petition.
4. With these observations, the petition in my opinion at this stage deserves to be dismissed with liberty to the petitioner to approach the Family Court to press the application filed by him questioning the jurisdiction of the Family Court.
The petition is dismissed accordingly.
In view of dismissal of the petition, I.A.No.1/2015 for stay does not survive for consideration and the same stands dismissed.
PMR Sd/- JUDGE