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Madras High CourtCRL OP/13175/2015dismissed

Aleem Basha v. Smt.M.Faaiza Samreen

2016-04-27Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2016

CORAM

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.13175 of 2015 and M.P.No.1 of 2015 and Tr.C.M.P.No.239 of 2015 and M.P.No.1 of 2015 Crl.O.P.No.13175 of 2015 Aleem Basha ... Petitioner Vs 1.Smt.M.Faaiza Samreen 2.Minor A.Md.Azeem ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to withdraw M.C.No.4 of 2015 pending on the file of the learned Principal District Munsiff-cum-Judicial Magistrate, Vaniyambadi and transfer the same to the learned Family Court, Chennai for joint trial with O.S.No.45 of 2015 pending on the file of the learned III Additional Family Court at Chennai.

For Petitioner :

Mr.A.Rajeshkanna For Respondents :

Ms.K.Jenitha Tr.C.M.P.No.239 of 2015 M.Faaiza Samreen .. Petitioner/Defendant Vs.

Aleem Basha .. Respondent/Plaintiff Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw O.S.No.45 of 2015 pending on the file of the Family Court at Chennai and https://hcservices.ecourts.gov.in/hcservices/

to transfer the same to the file of the Hon'ble Principal District Munsif cum Judicial Magistrate Court at Vaniyambadi or any competent Court at Vellore District.

For Petitioner :

Ms.K.Jenitha For Respondent :

Mr.C.V.Kumar COMMON ORDER Today both the spouses along with their respective counsel are present before this Court and they would submit that they joined together and do not want to pursue the proceedings in M.C.No.4 of 2015 pending on the file of the learned Principal District Munsif-cum-Judicial Magistrate, Vaniyambadi and also the proceedings in O.S.No.45 of 2015 pending on the file of III Additional Family Court, Chennai.

2. Recording the said submissions, the Criminal Original Petition is dismissed and the Transfer Civil Miscellaneous Petition is also dismissed. It is left open to the parties to file appropriate application before the concerned Courts for withdrawal of M.C.No.4 of 2015 and O.S.No.45 of 2015. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsm To 1.The Principal District Munsiff-cum-Judicial Magistrate, Vaniyambadi 2.The Presiding Officer, III Additional Family Court, Chennai +1 cc to Mr.C.V.Kumar, Advocate, sr.27096 Crl.O.P.No.13175 of 2015 and Tr.C.M.P.No.239 of 2015 ug co kra 29.04.2016 https://hcservices.ecourts.gov.in/hcservices/