ORDER:

The learned Counsel for the petitioners Mr.P.Durga Prasad representing the case would submit that he filed memo before the Registry along with postal track report, which shows that notice sent to the 1st respondent/wife and also her counsel has been served. The learned Counsel for the petitioners would also submit that now DVC No.1 of 2021 at the first instance filed before Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimavaram is transferred to II Additional Judicial Magistrate of First Class, Bhimavaram and re- numbered as DVC No.25 of 2022. He prays to pass necessary Orders.

2. This Transfer Criminal Petition is filed by the petitioners under Section 407 of the Criminal Procedure Code (in short, “Cr.P.C”), seeking transfer of DVC No.1 of 2021, now DVC No.25 of 2022 on the file of II Additional Judicial Magistrate of First Class, Bhimavaram to Principal Junior Civil Judge-cum-Principal Judicial Magistrate of First Class, Bhimavaram to try along with MC No.1 of

2021.

3. At the first instance, the petitioners have filed a petition before the Principal Sessions Court, West Godavari at Eluru, vide Tr.Crl.MP.No.25 of 2022 with similar relief, which was dismissed by the learned Principal District Judge, on the ground that as per the ratio laid down by the Hon’ble Apex Court in Rajnesh vs. Neha case (2021) 2 SCC 324, the Court can consider grant of maintenance in another case while disposing the DVC by following the ratio laid down by the Hon’ble Apex Court in the above referred decision. It is also observed that no serious prejudice would cause to the parties as per Neha case guidelines.

4. It is the contention of the petitioners that their defence in DVC and MC is one and the same, if two Courts try the cases independently, much prejudice will be caused to them. They submit that two cases are pending in two different Courts, which are situated in different areas, due to that it is difficult for them to attend the Courts if two Courts try both the cases separately. They pray to allow the petition.

5. The learned Counsel for the petitioners would submit that now DVC No.1 of 2021 on the file of Principal Junior Civil Judge’s Court, Bhimavaram is re-numbered as DVC No.25 of 2022 on the file of II Additional Judicial Magistrate of First Class, Bhimavaram, whereas MC No.1 of 2021 is still pending on the file of Principal Junior Civil Judge’s Court, Bhimavaram, in both the cases, the defence of the petitioners is similar, due to that both the cases have to be disposed of by the same Court to avoid conflicting decisions if any. He prays to allow the petition. 6. Now the point that emerges for consideration of this Court is:

"Whether there are grounds to transfer DVC No.25 of 2022 on the file of II Additional Judicial Magistrate of First Class, Bhimavaram to Principal Junior Civil Judge-cum-Principal Judicial Magistrate of First Class, Bhimavaram to try along with MC No.1 of 2021?"

7. POINT:

Before going to the merits of the case, it would be beneficial to quote Section 26 of the Protection of Women from Domestic Violence Act, 2005, which reads as under:

“26.Relief in other suits and legal proceedings-

(1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this Act.

(2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court.

(3) In case any relief has been obtained by the aggrieved person in any proceeding other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief”.

8. A perusal of above referred provision, which makes it clear that any relief available under Sections 18, 19, 20, 21 and 22