Madras High CourtCRL OP/1000/2024allowed

Pandi Meena v. Muruganantham

2025-02-18Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.678 of 2024 Pandi Meena ... Petitioner Vs Muruganantham ... Respondent Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the proceedings in M.C.No.3 of 2023 on the file of the learned Judicial Magistrate No.I, Udumalaipet, Tiruppur to the learned Judicial Magistrate, Theni.

For Petitioner : Mr.M.Prabu For Respondent : No appearance

O R D E R

This Criminal Original Petition has been filed to transfer the proceedings in M.C. No. 3 of 2023 from the file of the learned Judicial Magistrate No. I, Udumalpet, Tiruppur, to the file of the learned Judicial 1/4

Magistrate, Theni.

2. Heard the learned counsel for the petitioner and perused the materials available on record. Though notice has been served, the Respondent has not entered appearance, either in person or through Counsel.

3. The petitioner got married to the respondent on 12.09.2019. Thereafter, due to misunderstanding, the petitioner was not maintained by the second respondent. Therefore, the second respondent was constrained to file a petition seeking maintenance under Section 125(3) of C.P.C. in M.C. No. 3 of 2023 on the file of the Judicial Magistrate No. I, Udumalpet. Thereafter, the petitioner was driven out from the matrimonial home. She is now staying at her parents' house, Bodinayakanur, Theni District. Therefore, the petitioner could not be able to come for each and every hearing before the Trial Court in M.C. No. 3 of 2023.

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4. In view of the above, this Court is inclined to transfer the maintenance case. Accordingly, M.C. No. 3 of 2023 is hereby directed to be withdrawn from the file of the learned Judicial Magistrate No. I, Udumalpet, Tiruppur, and transferred to the file of the learned Judicial Magistrate, Theni.

5. With the above directions, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petition is closed. 18.02.2025 Index:Yes/No kv To

1. The Judicial Magistrate No.I, Udumalaipet, Tiruppur.

2. The Judicial Magistrate, Theni.

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G.K.ILANTHIRAIYAN, J.

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