Madras High CourtCRL OP/2826/2021disposed of

V.Jeyaprakash v. Prathima

2021-03-10Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.2826 of 2021 and Crl.MP.No.1568 of 2021 Mr.V.Jeyaprakash

...Petitioner

.Vs.

1.Mrs.Prathima 2.Dhanishitha 3.Jeymithan ... Respondents PRAYER: Criminal Original Petition filed under Section 407 of the Code of Criminal Procedure, to withdraw the petition in MC No.34 of 2020, from the file of the V Additional Family Court Judge at Chennai and to transfer the same to the file of the learned Judicial Magistrate at Tambaram.

For Petitioner : Mr.A.Praveen For Respondents : Ms.Shaikh Mehrunnisa Kasim

O R D E R

This Criminal Original Petition has been filed seeking for transfer of proceedings in M.C.No.34 of 2020, which is pending on the file of the V Additional Family Court at Chennai. 2.Heard Mr.A.Praveen, learned counsel for the petitioner and Ms.Shaikh Mehrunnisa Kasim, learned counsel appearing on behalf of the respondents.

3.It is seen from records that there is already a proceeding pending in GWOP.No.355 of 2020, before the Sub Court, Tambaram. This petition has been filed to transfer the maintenance case to the file of the Judicial Magistrate at Tambaram, so that the parties can agitate the case at the same place and they do not need to move from one place to another to prosecute the pending proceedings.

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4.In view of the above, the proceedings in MC.No.34 of 2020, pending on the file of the V Additional Family Court Judge at Chennai, is withdrawn and transferred to the file of the Judicial Magistrate No.I, Tambaram. The V Additional Family Court, Chennai, shall transfer the entire case records to the Judicial Magistrate No.1, Tambaram, within a period of two weeks form the date of receipt of a copy of the order. Immediately on receipt of the case records, the Judicial Magistrate No.1, Tambaram, shall renumber the petition and the maintenance case shall be completed as expeditiously as possible. 5.This criminal original petition is disposed of with the above directions. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar KP To

1. The V Additional Family Court, Chennai

2. The Judicial Magistrate I, Tambaram,

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.2826 of 2021 gpl[co] srg 31/03/2021 https://hcservices.ecourts.gov.in/hcservices/