Rajan v. Minor Tamikchiya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Tr.C.M.P.No.371 of 2023 and C.M.P.No.7965 of 2023 Rajan ... Petitioner Vs.

Minor Tamikchiya Rep.by mother & natural guardian Rani ... Respondent Prayer:-Petition has been filed under Section 24 of C.P.C., to withdraw F.C.M.C.No.1 of 2022 pending before the learned Judge of the Family Court at Chengalpattu and transfer the same to the file of the learned Judge of the Family Court, Chennai and to proceed with the case in accordance with law.

For Petitioner : Mr.Thangavadhana Balakrishnan

O R D E R

Heard Mr.Thangavadhana Balakrishnan, learned counsel appearing for the petitioner and perused the records.

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2. The petitioner seeks transfer of F.C.M.C.No.1 of 2022 pending on the file of the learned Judge, Family Court, Chengalpattu to the file of the learned Judge, Family Court, Chennai on the ground that the respondent's mother causes threat to the life of the petitioner.

3. It is submitted by the learned counsel for the petitioner that when the petitioner was attending the Court proceedings on 08.03.2023, the respondent's mother assaulted the petitioner, thereby, a criminal case has already been registered against the mother of the respondent who has obtained anticipatory bail.

4. Considering the circumstances, since the petitioner apprehends danger in the hands of the mother of the respondent, the presence of the petitioner before the Family Court, Chengalpattu in F.C.M.C.No.1 of 2022 is dispensed with. However, the learned Judge is at liberty to direct the petitioner to present as and when called for a smooth progression of enquiry.

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5. With these directions, this Civil Revision Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

18.04.2023 Index:Yes/No Speaking Order:Yes/No ms To

1. The Judge, Family Court, Chengalpattu.

2. The Judge, Family Court, Chennai.

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DR.D.NAGARJUN , J., ms Tr.C.M.P.No.371 of 2023 and C.M.P.No.7965 of 2023 18.04.2023 Page No.4/4