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4. The Registry has raised the question of maintainability, as the transfer of maintenance case, which is filed under Section 125 Cr.P.C. has to be filed only under Section 407 of Cr.P.C. Section 24 of CPC is not attracted.

5. Firstly, the transfer ought to have been filed under Section 407 Cr.P.C. and Section 24 of CPC is not applicable. Secondly, the other suit viz., HMOP is pending before the Sub Court has got exclusive Civil Jurisdiction. It is stated that there is no Family Court in Tambaram and therefore, the divorce petition was filed before the Sub Court, Tambaram.

10. However, now the question is whether in the absence of a Family Court, when the Sub Court is vested with the jurisdiction to try the family disputes, whether the proceeding from the Magisterial Court can be transferred to the Sub court under criminal procedure.

11. Section 407 Cr.P.C prescribes the power of the High Court to transfer cases and appeals. Earlier, since the Family Court is vested with both civil and criminal jurisdiction, the maintenance case filed under Section 125 Cr.PC can be transferred to the Family Court under Section 407 Cr.P.C.

15. But, in the case on hand, the petitioner is seeking to transfer the maintenance case filed by the respondent/wife under Section 125 Cr.P.C and not under Section 407 Cr.P.C. under Section 24 of CPC to the Sub Court, Tambaram where the HMOP filed by the him is pending.

16. As stated earlier, the Sub Court does not have any powers to deal with criminal matters. Any transfer under Section 24 of CPC can be made only when the transferee court also got jurisdiction. When admittedly, the transferee Court lacks jurisdiction to try criminal matters, transfer to the Sub Court is not possible. Even presuming that the application is filed under Section 407 Cr.P.C. when the transferee court does not have jurisdiction to receive the same, the transfer is not permissible.