Madras High CourtCRL OP/19025/2015dismissed

K.Anand v. Jayashree

2019-07-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.19025 of 2015 K.Anand

...Petitioner

-VsJayashree ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to order withdrawing the petition in M.C.No.50 of 2014 from the file of the Judicial Magistrate, Tambaram, Chennai, and transfer the same to the file of the learned Principal Family Court Judge at Chennai to be tried along with H.M.O.P.No.1518 of 2012.

For Petitioner : No appearance For Respondent :No appearance

ORDER

This petition has been filed seeking for transfer of all proceedings in M.C.No.50 of 2014 by the husband. 2.The transfer petition has been filed only on the ground that H.M.O.P.No.1518 of 2012 is pending before the Principal Court, Chennai between the same parties and the proceedings in M.C.No.50 of 2014 pending before the Judicial Magistrate, Tambaram, Chennai, can also be transfered before the same Court. By transferring, no prejudice will be caused by the both parties. 2.When the matter is taken up for hearing, there is no representation on behalf of the petitioner. There was no appearance for the respondent.

3.Taking into consideration the facts and circumstances of this case, this Court is not inclined to transfer this case at this stage. That apart, there was no stay operating in favour of the petitioner from November 2015 onwards. It is also not clear whether the petitioner has been paying the interim maintenance of Rs.6,000/-, ordered by this Court on 29.07.2015. https://hcservices.ecourts.gov.in/hcservices/

4.Accordingly, this Criminal Original Petition is dismissed and the Court below is directed to complete the proceedings in M.C.No.50 of 2014, within a period of three months from the date of receipt of copy of this order, if it has not already been disposed of.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar tta To 1.The learned Principal Family Court Judge, Chennai.

2.The Judicial Magistrate, Tambaram, Chennai.

Crl.O.P.No.19025 of 2015 bs[co] srg 23/09/2019 https://hcservices.ecourts.gov.in/hcservices/