APHC010186222025 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: 27/2025 Between: Chava Srinivasa Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. CHALLA AJAY KUMAR Counsel for the Respondent(S): 1. K PALLAVI 2. PUBLIC PROSECUTOR The Court made the following: ORDER: The petitioner filed the present petition under Section 447 of B.N.S.S., 2023 seeking to transfer the implementation petition vide Crl.M.P.No.802 of 2023 in M.C.No.11 of 2015, 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 petitioner in brief is as follows: I. The petitioner 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 further pleaded that the respondent No.2 has filed a Maintenance Case vide M.C.No.11 of 2015, on the file of the Judicial Magistrate of First Class, Udayagiri, Nellore, SPSR Nellore District, seeking monthly maintenance from the petitioner herein. Subsequently, the trial Court vide its order dated 28.09.2016, directed the petitioner to pay 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 filed a Revision Petition vide C.R.P.No.82 of 2016, on the file of the III Additional District and Sessions Judge, Nellore and the same was partly allowed by the trial Court on 10.04.2019, by modifying the quantum of maintenance granted to the respondents and reduced the amount from Rs.9,000/- to Rs.7,000/- to the respondent No.2 and from Rs.4,000/- to Rs.3,000/- to the respondent No.3. II. Learned counsel for the petitioner would contend that challenging the order dated 10.04.2019, passed in C.R.P.No.82 of 2016 by the III Additional District and Sessions Judge, the petitioner preferred a Criminal Petition vide Crl.P.No.4052 of 2019, before this Court and the same is pending. While the matter stood thus, the respondent No.2 had filed an implementation petition vide Crl.M.P.No.802 of 2023 in M.C.No.11 of 2015, 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.7,50,000/-. Aggrieved by the same, the petitioner herein is constrained to file the present transfer criminal petition seeking to transfer the implementation petition vide Crl.M.P.No.802 of 2023 in M.C.No.11of 2015, 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 petitioner 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 Maintenance Case vide M.C.No.11 of 2015, 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 maintenance of Rs.9,000/- to the respondent No.2 and Rs.4,000/- to the respondent No.3. Thereafter, the petitioner filed C.R.P.No.82 of 2016, on the file of the III Additional District and Sessions Judge, Nellore and the Court below on 10.04.2019, has partly allowed the Revision Petition and the maintenance amount was reduced from Rs.9,000/- to Rs.7,000/- to the respondent No.2 and from Rs.4,000/- to Rs.3,000/- to the respondent No.3. Further challenging the order dated 10.04.2019, the petitioner had filed a Criminal Petition vide Crl.P.No.4052 of 2019, before this Court and the same is pending. At this stage of the case, the respondent No.2 had filed an implementation petition vide Crl.M.P.No.802 of 2023 in M.C.No.11 of 2015, 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.7,50,000/-. Now, the respondent Nos.2 & 3 are staying at Udayagiri in Nellore District at where the case is pending. 6. In view of the ratio laid down in the aforesaid case law that ‘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’. Further, the case in M.C.No.11 of 2015, on the file of the Judicial Magistrate of First Class, Udayagiri, Nellore, SPSR Nellore District has attained its finality and the trial Court after conducting the trial has granted maintenance to the respondent Nos.2 and 3. It is admitted by the learned counsel appearing for both sides that no cases are pending in between both the parties at Vijayawada. Therefore, In view of the aforesaid reasons, I do not find any merit and subsistence in the contentions taken by the petitioner 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