R.Sivatmika (Old Name R.Krishna Thulasi) v. A.Venkatesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-04-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP NO. 8078 of 2025 AND CRL MP NO. 5285 OF 2025 1.R.Sivatmiika (old Name R.Krishna Thulasi) D/o.K.P.Ravijaishankar 2.Yuvanikshitha(minor) rep. by her mother R.Sivatmiika Petitioner(s) Vs A.Venkatesan S/o.Arunachalam, No.45, Indira Nagar, Vinayagapuram, Kolathur, Chennai - 600 099.

Respondent(s) PRAYER: Criminal Original Petition is filed under Section 447 of BNSS to withdraw and transfer the maintenance case in M.C.No.26 of 2017 on the file of the III Additional Family Court, at Chennai to the file of the Judicial Magistrate cum District Munsiff Court at Ambattur, Tiruvallur District. For Petitioner(s):

V.Shanmuganathan For Respondent(s):

A.Venkatesan (respondent in person) 1/5

ORDER

This Petition has been filed, seeking to withdraw and transfer the maintenance case in M.C.No.26 of 2017 on the file of the III Additional Family Court, at Chennai to the file of the Judicial Magistrate cum District Munsiff Court at Ambattur, Tiruvallur District. 2.The petitioner filed a petition seeking maintenance in M.C.No.26 of 2017 on the file of the III Additional Family Court, at Chennai as against the respondent. It has been pending from the year 2017. Now the petitioner sought for transfer of the maintenance case from the file of the III Additional Family Court, at Chennai to the file of the Judicial Magistrate cum District Munsiff Court at Ambattur, Tiruvallur District on the medical ground.

3.The respondent appeared in person and submitted that the first petitioner is an Advocate and she is practicing at Judicial Magistrate cum District Munsiff Court at Ambattur, Tiruvallur District. Already the respondent is facing threat from the side of the petitioner. That apart, the 2/5

maintenance case is pending for cross examination of the second respondent for the past two years. Further, the petitioner keeps the Interlocutory Application pending without allowing the trial Court to complete the trial. When the first petitioner is an Advocate and she is practicing at Judicial Magistrate cum District Munsiff Court at Ambattur, Tiruvallur District, it cannot be transferred from the file of the III Additional Family Court, at Chennai to the file of the Judicial Magistrate cum District Munsiff Court at Ambattur, Tiruvallur District. The distance between Ambattur to chennai is very megre.

That apart, though the petitioner raised medical ground for transfer, it cannot be considered for transfer of maintenance case from the file of the III Additional Family Court, at Chennai to the file of the Judicial Magistrate cum District Munsiff Court at Ambattur, Tiruvallur District since the petitioner shall have to appear before the Ambattur Court for trial. 4.Therefore, this Court finds no reasons to transfer the maintenance case from file of the III Additional Family Court, at Chennai to the file of the Judicial Magistrate cum District Munsiff Court at Ambattur, Tiruvallur District and hence, this petition is dismissed.

a copy of this order. If the petitioner proves before the trial Court, with regard to the medical fitness, the trial Court can dispense with the personal appearance of the first petitioner once her cross-examination is over. Consequently, connected miscellaneous petition is closed. 03-04-2025 dn To 1.The III Additional Family Court, at Chennai 2.The Judicial Magistrate cum District Munsiff Court at Ambattur, Tiruvallur District.

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G.K. ILANTHIRAIYAN.J., dn CRL OP NO.8078 of 2025 03.04.2025 5/5