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Judgment
Shivashankar Amarannavar, J
This petition is filed seeking transfer of Crl.Misc.No.592/2023 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru to any other Family Court in Bengaluru.
Heard petitioner No.1 / party-in-person who is also representing petitioner No.2, who is a minor as her natural guardian and learned counsel for the respondent.
The petitioners have filed Crl.Misc.No.592/2023 pending on the file of III Additional Principal Judge, Family Court, Bengaluru under Section 125 of Criminal Procedure Code, 1973 (hereinafter referred to as cr.p.c for short), seeking maintenance against the respondent.
The present petition is filed seeking transfer of the said case to some other family Court. The grounds for transfer are that the applications of the petitioners have been rejected on technical grounds and the case being adjourned by giving long date, by a month.
The party-in-person submitted that the petitioners have been given liberty to file a fresh application seeking interim maintenance while passing order on I.A.No.2 dated 05.10.2024. Inspite of that liberty, the Presiding Officer of the said Family Court has not entertained the application. The party-in-person further submitted that I.A.No.6 filed by her has been rejected on the ground that more than one relief was sought in that application and she was given liberty to file a fresh application containing only one prayer. Even I.A.No.7 came to be disposed, as it contained more than one relief by the very same order dated 05.10.2024.
Learned counsel for the respondent would contend that the petitioners have been directed to furnish the documents to consider their prayer for grant of maintenance and that order has not been complied and therefore, the matter is being adjourned from time to time. She further submits that there are no grounds for transfer as sought for.
Having heard learned counsel for the respondent and petitioner No.1 / party-in-person, the Court has perused the material placed on record.
Petitioner No.1 is the wife and petitioner No.2 is daughter of petitioner No.1. The respondent is husband of petitioner No.1 and father of petitioner No.2. Crl.Misc.No.592/2023 has been filed by the petitioners under Section 125 of Cr.P.C and Section 7 of the Family Courts Act, 1984 seeking maintenance. The transfer of the said case has been sought on the ground that the applications filed by the petitioners have been rejected on technical grounds and even inspite of giving liberty, fresh application for interim maintenance has not been entertained and the case has been adjourned by giving long date, by a month. Considering the said aspects, there are no grounds for transfer as sought for. There is no allegation of any bias against the Presiding Officer of the III Additional Principal Family Court, Bengaluru. If the petitioners intends to file a fresh application seeking interim maintenance in view of the order dated 05.10.2024, whereunder, liberty has been granted to her, the Presiding Officer of the III Additional Principal Family Court, Bengaluru has to entertain the said application. The petitioners are also at liberty to file fresh applications containing single prayer which she has sought in I.A.Nos.6 and 7.
With the above observations, the petition filed seeking transfer is rejected. The learned Presiding Officer of the III Additional Principal Family Court, Bengaluru to expedite disposal of Crl.Misc.No.592/2023 and the petitioners and the respondent are directed to co-operate in speedy disposal of the said matter.