Aravindan v. Hari Priya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.2776 of 2025 Aravindan ... Petitioner Vs Haripriya ... Respondent PRAYER: Criminal Original Petition is filed under Section 447 of BNSS, 2023, to withdraw and transfer and transfer the petition in M.C.No.22 of 2024 pending on the file of the Learned Judicial Magistrate, Arcot, Ranipet District to the Learned Family Court, Vellore, Vellore District. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.T.P.Prabakaran

ORDER

This petition has been filed to withdraw and transfer the petition in M.C.No.22 of 2024 pending on the file of the Learned Judicial Magistrate, Arcot, Ranipet District to the Learned Family Court, Vellore, Vellore District.

2. Heard both sides and perused the materials placed on record.

3. The petitioner is the husband of the respondent. They got married

on 06.12.2021. Thereafter, they got separated due to dowry demand and also misunderstanding. Therefore, the respondent herein filed an application seeking maintenance in MC.No.22 of 2024. That apart, the respondent also filed a domestic violence case in DVC No.10 of 2024 as against the petitioner and his family members. In the meanwhile, the petitioner also filed a petition for restitution of conjugal rights in HMOP.No.162 of 2023. Therefore, the respondent filed a petition seeking transfer of HMOP No.162 of 2023 from the file of the Sub Court, Gudiyatham, Vellore to Sub Court, Ranipet. Pending the said transfer, the petitioner filed this petition seeking transfer of the maintenance case on the file of the Judicial Magistrate, Arcot, Ranipet District to the Family Court, Vellore, Vellore District, in which the restitution of conjugal rights petition filed by the petitioner is pending.

4. In view of the above, this Court finds no grounds to transfer the maintenance case in M.C.No.22 of 2024 filed by the respondent from the file of the Judicial Magistrate, Arcot, Ranipet District to the Learned Family Court, Vellore, Vellore District.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous petition is closed.

05.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Judicial Magistrate, Arcot, Ranipet District.

2. The Public Prosecutor, High Court, Madras.

05.03.2025