Subramanya Dhivakar v. Illakkiya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and Crl.M.P.No.5168 of 2022 Subramanya Dhivakar ... Petitioner Vs.

Illakkiya ... Respondent PRAYER: Criminal Original Petition filed under 407 of Cr.P.C., pleased to withdraw the M.C.No.11 of 2020 pending on the file of the Family Court at Villupuram transfer the same to Principal Sub-Court at Kallakurichi to be tried along with H.M.O.P.No.77 of 2021 and O.P.No.116 of 2020. For Petitioner : Mr.R.Jayaprakash For Respondent : Mr.N.Mahendra Babu 1/4

ORDER

This Criminal Original Petition has been filed to withdraw the M.C.No.11 of 2020 pending on the file of the Family Court at Villupuram and transfer the same to Principal Sub-Court at Kallakurichi to be tried along with H.M.O.P.No.77 of 2021 and O.P.No.116 of 2020.

2. The learned counsel for the petitioner would submit that the petitioner is residing at Kallakurichi and the above said H.M.O.P No.77 of 2021 and O.P No.116 of 2020 are pending before the Principal Sub-Court at Kallakurichi. The respondent, in order to drag the proceedings, has created a false address as if she is studying at Villupuram. He would submit that the distance between Kallakurichi and Villupuram is 77 Km. The petitioner is facing difficulty to approach the concerned Court at Villupuram. Hence, the present petition has been filed to transfer the case in M.C.No.11 of 2020 from the file of Family Court at Villupuram to the file of Principal Sub-Court at Kallakurichi.

3. The learned counsel for the respondent would submit that the respondent has no objection in transferring the case from Villupuram to Kallakurichi.

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4. Recording the same, the Family Court, Villupuram hereby is directed to transfer the case in M.C.No.11 of 2020 to the file of Principal Sub-Court at Kallakurichi, to be tried along with H.M.O.P.No.77 of 2021 and O.P.No.116 of 2020.

5. With the above direction, this Criminal Original Petitions is allowed. Consequently, connected Criminal Miscellaneous Petition is closed. 29.09.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order shk To

1. The Principal Sub-Court, Kallakurichi

2. The Family Court, Villupuram 3/4

V.SIVAGNANAM, J.

shk and Crl.M.P.No.5168 of 2022 29.09.2022 4/4