M.Dinesh Kumar v. M.Ramya Devi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.181 of 2023 and C.M.P.No.4050 of 2023 M.Dinesh Kumar ...

Petitioner Vs 1.M.Ramya Devi 2.Minor D.Tharunika ...

Respondents Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the case in M.C.No.34 of 2022 pending on the file of Family Court, Krishnagiri and transfer the same to the Family Court, Vellore. For Petitioner : Ms.R.C.Varsha For Respondents : Mr.R.Gokulnath

O R D E R

The petitioner is the husband. 1st respondent is the wife and the 2nd respondent is the daughter alleging that the husband is not maintaining her. She had moved the Family Court at Krishnagiri in M.C.No.34 of 2022.

2. The husband is a resident of Orikkai in Kancheepuram. He states that he fears for his life and therefore he wants the case to be transferred from Krishnagiri to Vellore. A petition under Section 125 Cr.P.C. is a beneficial 1/1

legislation for the female members of the Society. It cannot be transferred for the convenience of the husband especially when the women is in distress circumstances.

3. The petitioner states that he is unable to travel for every hearing to Krishnagiri. The learned Principal Family Court Judge at Krishnagiri will take this fact into consideration and direct the personal appearance of the petitioner only for essential hearings. For the non essential hearings, the petitioner may be represented through a lawyer.

4. It is made clear that if the petitioner tries to drag on the matter or seek unnecessary adjournment, absolute discretion is given to the Court to nip the same at its bud.

5. With the above, the Tr.C.M.P. stands dismissed. No costs. Consequently connected miscellaneous petition is also dismissed. 05.04.2024 Index : Yes/No Sgl 2/2

To 1.The Family Court, Krishnagiri.

2.The Family Court, Vellore.

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V. LAKSHMINARAYANAN, J.

Sgl 05.04.2024 4/4