APHC010186242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 28/2025 Between: Chava Srinivasa Rao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. CHALLA AJAY KUMAR Counsel for the Respondent(S): 1. K PALLAVI 2. PUBLIC PROSECUTOR The Court made the following: ORDER: The petitioners have filed the present petition under Section 447 of B.N.S.S., 2023 seeking to transfer the implementation petition vide Crl.M.P.No.171 of 2021 in D.V.C.No.02 of 2016, on the file of the Judicial Magistrate of First Class, Udayagiri, Nellore, SPSR Nellore District to the Judge, Family Court, Vijayawada, Krishna District. 2. The case of the petitioners in brief is as follows: I. The petitioner No.1 is the husband of the respondent No.2 and their marriage has been performed at Vijayawada on 30.05.2009, as per Hindu rights and customs. During their wedlock, they were blessed with a male child aged about 10 years. In view of the matrimonial disputes between both the parties, the respondent No.2 along with her son/respondent No.3 are staying separately at Vijayawada City, Krishna District. The petitioner No.1 further pleaded that the respondent No.2 has filed a Domestic Violence Case vide D.V.C.No.02 of 2016, on the file of the Judicial Magistrate of First Class, Udayagiri, Nellore, SPSR Nellore District, against the petitioners herein. Subsequently, the trial Court vide its order dated 06.10.2017, partly allowed the D.V.C., filed by the respondent No.2 herein and directed the petitioner No.1 herein to pay monthly rent and electricity charges by way of a residential order of Rs.3,000/- per month to the respondent Nos.2 and 3 along with the monthly maintenance of Rs.9,000/- to the respondent No.2 and Rs.4,000/- to the respondent No.3. Aggrieved by the same, the petitioner No.1 filed an Appeal vide Crl.A.No.971 of 2017, on the file of the Court of Sessions, Nellore and the same was dismissed by the trial Court. II. Learned counsel for the petitioners would contend that challenging the order passed by the trial Court in Crl.A.No.971 of 2017, the petitioner No.1 preferred a Criminal Revision cases vide Crl.Rc.Nos.2991 and 2993 of 2018, before this Court and the same is pending for adjudication. While the matter stood thus, the respondent No.2 had filed an implementation petition vide Crl.M.P.No.171 of 2021 in D.V.C.No.02 of 2016, on the file of the Judicial Magistrate of First Class, Udayagiri, Nellore, SPSR Nellore District, seeking for payment of arrears of maintenance amount to a tune of Rs.7,00,000/-. Aggrieved by the same, the petitioners herein is constrained to file the present transfer criminal petition seeking to transfer the Crl.M.P.No.171 of 2021 in D.V.C.No.02 of 2016, on the file of the Judicial Magistrate of First Class, Udayagiri, Nellore, SPSR Nellore District to the Judge, Family Court, Vijayawada, Krishna District. 3. Heard Sri Challa Ajay Kumar, learned counsel for the petitioners and learned Public Prosecutor appearing for the State/respondent No.1 and Ms. K.Pallavi, learned counsel for the respondent Nos.2 and 3. Perused the material available on record. 4. The Apex Court in a case of Navneet Wadhwa vs. Dr.Simran Wadhwa vide Transfer Petition(CRL).Nos.131 to 133 of 2019, dated 16.08.2022, held as follows: “Once, the order fixing maintenance has attained finality, the petitioner cannot seek a transfer of the execution pending under Section 125(3) of the Code of Criminal Procedure to another Court.” 5. Admittedly, the Domestic Violence Case vide D.V.C.No.02 of 2016, on the file of the Judicial Magistrate of First Class, Udayagiri, Nellore, SPSR Nellore District, filed by the respondent No.2/wife was contested by both the parties and the same was also disposed of by the trial Court by granting monthly rent and electricity charges of Rs.3,000/- per month by way of a residential order to the respondent Nos.2 and 3 along with the monthly maintenance of Rs.9,000/- to the respondent No.2 and Rs.4,000/- to the respondent No.3. Thereafter, the petitioner No.1 filed an Appeal vide Crl.A.No.971 of 2017, on the file of the Court of Sessions, Nellore and the same was dismissed by the trial Court. Further challenging the order passed in Crl.A.No.971 of 2017, the petitioner No.1 had filed Criminal Revision cases vide Crl.Rc.Nos.2991 and 2993 of 2018, before this Court and the same is pending for adjudication. At this stage of the case, the respondent No.2 had filed an implementation petition vide Crl.M.P.No.171 of 2021 in D.V.C.No.02 of 2016, on the file of the Judicial Magistrate of First Class, Udayagiri, Nellore, SPSR Nellore District, seeking for payment of arrears of maintenance amount to a tune of Rs.7,00,000/-. 6. In view of the ratio laid down in the aforesaid case law that once the case in D.V.C.No.02 of 2016, on the file of the Judicial Magistrate of First Class, Udayagiri, Nellore, SPSR Nellore District has attained its finality and at this stage of the case, the petitioners herein cannot seek transfer of the implementation petition vide Crl.M.P.No.171 of 2021 in D.V.C.No.02 of 2016, on the file of the Judicial Magistrate of First Class, Udayagiri, Nellore, SPSR Nellore District, filed by the respondent No.2/wife. Therefore, In view of the aforesaid reasons, I do not find any merit and subsistence in the contentions taken by the petitioners and as such the present Transfer Criminal Petition is liable to be dismissed as devoid of merit. 7. With the above observations, the Transfer Criminal Petition is dismissed. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V.GOPALA KRISHNA RAO Date: 10.09.2025 SRT