N. Sadasivam v. Avs. Janani (Sudhandirammal)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.04.2025

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA Tr.C.M.P.No.256 of 2025 C.M.P.No.4961 of 2025 N.Sadasivam

...Petitioner

Vs.

Avs.Janani (Sudhandirammal)

...Respondent

PRAYER: : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw the D.V.C.No.70 of 2022 pending before learned Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai -600 008 and transfer the same to some other District Additional Mahila Court. For Petitioner : Mr.V.K.Rajagopal For Respondent : M/s.Ramapriya Gopalakrishnan

ORDER

The above Transfer Civil Miscellaneous Petition has been filed by the husband in Domestic Violence Case seeking transfer on the ground of an apprehension that the Presiding Officer would pass orders against him. Except for this perceived apprehension there is no other reason that has been given for 1/5

seeking transfer of D.V.C.No.70 of 2022 pending on the file of the learned Metropolitan Magistrate, Additional Mahila Court, Egmore to the District Additional Mahila Court.

2.The wife, the respondent herein would submit that she has purchased 2960 sqft of land in Kodungaiyur by taking loans. The petitioner was only a constable and did not have the means to purchase any land. The allegation that most of the contribution was made by the petitioner is false. The respondent has filed D.V.C.No.70 of 2022 on the ground of cruelty and desertion. The allegations that the Judicial Officer was compelling him to settle the property was absolutely false. Since, no such statement has been made, further mediation has also failed.

3.Heard the learned counsels on either side and perused the records. 4.Considering the fact that the reasons for which the transfer is sought is non-existent and is only a perceived apprehension, the transfer of D.V.C.No.70 of 2022 cannot be ordered. The learned Metropolitan Magistrate, Additional Mahila 2/5

Court, Egmore, is directed to dispose of D.V.C.No.70 of 2022 on or before 30.06.2025.

5.The Transfer Civil Miscellaneous Petition is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed. 02.04.2025 ep Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order To The Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai -600 008 3/5

P.T.ASHA, J., ep Tr.C.M.P.No.256 of 2025 C.M.P.No.4961 of 2025 4/5

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