Karnati Ravi vs K.V.Kavitha

The petitioner-husband has filed this transfer CMP under Section 24 of C.P.C. for withdrawal of GWOP.No.14 of 2019 pending on the file of Additional Family Court-cum-Jubilee Hills Car Bomb Blast Court, Hyderabad and to transfer the same to any other Family Court at Hyderabad or to pass any such other orders.

The petitioner has filed affidavit in support of his claim stating that he has filed I.A.Nos 161, 162, 163 in GWOP.No.14 of 2019 for interim custody of children under Section 12 of the Guardianship and Wards Act, 1890. Before the same Court, the respondent has filed MC.No.289 of 2016 and the petitioner was sent to jail twice for non-payment of maintenance amount. Further, the respondent has filed application before the revenue authorities seeking details of the lands owned by the petitioner. Infact, he is only a daily wager, his monthly income is not more than Rs.5,000/-, but the Court below has ordered him to pay maintenance of Rs.8,000/- per month. Learned Judge, Family Court is insisting the petitioner to pay maintenance amount. The Court is biased in this regard. The Court is not considering his request. Accordingly, requested for withdrawal of GWOP.No.14 of 2019 pending on the file of Additional Family Court-cum- Jubilee Hills Car Bomb Blast Court, Hyderabad to any other Court at Hyderabad and to pass any such other orders.

The respondent has filed a detailed counter affidavit stating that she has filed MC.No.289 of 2016 on the file of Additional Family Court-cum- Jubilee Hills Car Bomb Blast Court, Hyderabad and an amount of Rs.8,000/- was ordered on 02.08.2017 to herself and her minor son directing the petitioner to pay the said amount from 18.07.2016 onwards till the disposal of maintenance case. But till date, the petitioner failed to pay any amount. The allegation that the Family Court has denied interim custody of minor child stating that without proceeding to pay the amounts in maintenance case, such request cannot be considered is false. Infact on each and every occasion, the petitioner quarrels with the Presiding Officer of the Court below. Not only he had tried to implicate the petitioner's counsel in false cases being unsuccessful person, he filed the present petition making all false allegations even against the Presiding Officer of the Courts. There is no need to transfer the GWOP from Additional Family Court at Nampally to any other Court. Accordingly, requested to dismiss the petition.

Heard on both sides.

The petitioner/ husband, has filed this transfer CMP seeking withdrawal of GWOP pending on the file of Additional Family Court at Nampally alleging that before the same Court, the respondent-wife has filed MC.No.289 of 2016 and that pursuant to the direction dated 18.07.2016 he has failed to pay any amount of maintenance, since the amount awarded per month is Rs.8,000/-, whereas his monthly salary is only Rs.5,000/- and it is not possible for him to pay the maintenance. However, he has been requesting the Court for the interim custody of his minor child but the Court has put a condition that unless he pays the maintenance as awarded in MC.No.289 of 2016, his request cannot be considered. The respondent-wife has denied such averments stating that the petitioner has avoided to maintain herself and her minor child and that on each and every date of hearing, he is creating nuisance even in the Court. Though he was sent to jail twice, he failed to comply with the directions in the maintenance case and failed to pay the maintenance to herself and her minor children and it is causing lot of hardship on her part and there is no justification seeking transfer of GWOP.

The apprehension of the petitioner is that as he has failed to pay the maintenance as directed by the Family Court in MC.No.289 of 2016, he may not get the interim custody. The petitioner has not filed any piece of paper to show that learned Additional Judge, Family Court at Nampally put certain conditions for considering his request for interim custody or visiting rights of his minor children subject to payment of maintenance as awarded by the Court. The allegations made by the petitioner, that the Court below has directed him unless he pays the maintenance amount as awarded, he will not get the interim custody of the children etc., are unfounded not at all reliable. The conduct of the petitioner also manifest that he has been earning Rs.5,000/- per month as per his own assertion, but not paid single pie towards maintenance of his wife or to his minor child, though he was sent to jail twice for non-compliance of the maintenance award.

Section 24 of C.P.C. deals with general powers of the Court for transfer and withdrawal of any suit or any proceeding. This section confers general power to transfer, withdraw any suit or any proceeding at any stage on the application of the party. Such transfer should not be ordered merely because a Judge has given a direction or a Judge has expressed views in identical previous matters. The change of Court is not allowed, merely because the petitioner has an apprehension in his mind. If really, he is aggrieved by any such orders, the petitioner has remedy of appeal. Transfer can only be ordered when the party has reasonable apprehension, supported by some material that Justice will be denied to him, but the mere fact that he has suspicion would not constitute a valid ground for transfer. Thus, the mere fact that the Presiding Officer of the Additional Family Court has sent him twice to jail in maintenance case for non-payment of maintenance itself is not a sufficient ground for transfer of GWOP pending on the file of that Court to other Court. Therefore, I do not find any material or justification to consider the request of the petitioner.

In the result, this Transfer CMP is dismissed. However, in the circumstances, there shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed.