O R D E R

This is a petition filed under Section 407 of the Code of Criminal Procedure, hereinafter referred to as the Cr.P.C., seeking to transfer Crl.M.P. Nos.349/2018, 235/2019, 509/2019 and 185/2020 in M.C. No.14/2013 pending on the file of the Family Court, Muvattupuzha, to the Family Court, Pala, in the interest of justice.

2. For the disposal of this petition, suffice it to say that the petitioner is the former husband of the 1st respondent; their marriage was solemnised on 20.08.2008 at the house of the 1st respondent at Vengola village in Perumbavoor. In the wedlock, the 2nd respondent was born, who is now 11 years old. At that time, the petitioner was employed abroad, in Dubai. To make a long story short, the relationship broke and the 1st respondent moved the Family Court, Muvattupuzha with M.C.No.14/2013, under Section 125(1) of the Cr.P.C. seeking maintenance. By Annexure- A1 order dated 08.05.2014, the Family Court allowed the petition by granting monthly maintenance at the rate of Rs.15,000/- to the 1st respondent and Rs.10,000/- to the 2nd respondent child. Aggrieved by the order, the petitioner moved this Court in revision, challenging the order of maintenance passed against the 1st respondent. By order dated 22.06.2020 in RPFC No.239/2014 the revision was allowed in part, maintaining the maintenance awarded to the 2nd respondent, but modifying and reducing the amount to the 1st respondent at Rs.10,000/- per month. Meanwhile the 1st respondent also moved for divorce. It seems that divorce has been granted, as agreed to by both parties. It is also the common case that the 1st respondent has remarried in August 2020 and, as per order of the Family Court, Muvattupuzha in G.O.P. No.120/2020, the custody of the child has been given to the petitioner in March 2020.

3. The subject matter of this Transfer Petition is four criminal miscellaneous petitions pending before the Family Court, Muvattupuzha seeking arrear maintenance to respondents 1 and 2. To be more precise, Crl.M.P.No.349/2018 is for realising Rs.2,25,000/- for the period from 01.03.2018 to 01.12.2018 at the rate of Rs.25,000/- per month, and Crl.M.P.No.235/2019 is for realising Rs.1,40,000/- being the maintenance allowance from 01.12.2018 to 12.06.2019. Similarly, Crl.M.P.No.509/2019 was filed for realising Rs.1,20,000/- for the period from 13.06.2019 to 13.12.2019. Crl.M.P. No.185/2020 is for realising maintenance for the period from 01.01.2020 to 30.06.2020. It is evidenced from the averments in the petition that when the petitioner failed to pay the amounts, the court had initiated coercive proceedings.

4. Now the petitioner says that on the basis of an order passed by the Family Court he has been denied permission to travel abroad, to his place of employment, and thus denied opportunity to earn and pay the maintenance. He has moved the Family Court, Pala with Annexure-A6, O.P. No.14/2021, seeking realisation of an amount of Rs.29,77,000/-, which was alleged to have been taken away by the 1st respondent, and also for return of his 324 grams of gold ornaments. The said petition was filed on 06.01.2021.

5. I heard the counsel on both sides.

6. A petition under Section 407 of the Cr.P.C. can be entertained only for facilitating a fair and impartial trial of the proceedings. Similarly, if some question of law of unusual difficulty is likely to arise or when such a transfer is required for the general convenience of the parties or it is expedient in the ends of justice. After hearing counsel on both sides, I am not persuaded to show the indulgence of this Court to allow the petition. Firstly, as noticed earlier, the 1st respondent had moved the Family Court, Muvattupuzha in execution of the award of maintenance granted in favour of the mother and child for various periods starting from 01.03.2018 to 30.06.2020, when the petitioner had failed to honour the award of maintenance passed against him. It also appears that all the proceedings between the parties to t