Madras High CourtCRL OP/12259/2023disposed of

D.Indira v. R.Dinakaran

2023-06-01Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:01.06.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN D.Indira ... Petitioner Vs.

R.Dinakaran ... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to withdraw and transfer the C.M.P.No.208 of 2020 in M.C.No.12 of 2005 pending on the file of the District Munsif Cum Judicial Magistrate Court at Madhavaram, Thiruvallur District with entire case records and unnumbered petitions to the Family Court at Chenai.

For Petitioner : M/s. S.B.Priyadarshini

ORDER

This Criminal Original Petition has been filed to withdraw and transfer the C.M.P.No.208 of 2020 in M.C.No.12 of 2005 pending on the file of the District Munsif Cum Judicial Magistrate Court at Madhavaram, Thiruvallur District with entire case records and unnumbered petitions to the Family Court at Chenai.

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2. The learned counsel for the petitioner submitted that petitioner filed C.M.P.No.208 of 2020 in M.C.No.12 of 2005 on the file of the District Munsif cum Judicial Magistrate Court at Madhavaram for enhancing the maintenance amount from Rs.2,500/- per month to Rs.10,000/- p.m., and other petition for attachment of salary. She further submitted that, there is no regular Presiding Officer in the District Munsif cum Judicial Magistrate Court at Madhavaram and the Court is vacant for long days. As a result, C.M.P.No.208 of 2020 is kept pending without any progress. Therefore, present petition is filed for transfer the C.M.P.No.208 of 2020 from the file of District Munsif cum Judicial Magistrate Court at Madhavaram to the Family Court at Chennai.

3. Heard the learned counsel for the petitioner and perused the records. The present petition seeking for transfer of C.M.P.No.208 of 2020, for the reason that, there is no regular Presiding Officer cannot be entertained. However, this Court directs the incharge Magistrate, who is placed as full additional charge of learned District Munsif cum Judicial Magistrate Court at Madhavaram to dispose the C.M.P.No.208 of 2020 as expeditiously as possible, preferably within a period of four weeks from the date of receipt of copy of the order. 2/4

4. With the above direction, this Criminal Original Petition is disposed of.

01.06.2023 sma To, District Munsif cum Judicial Magistrate Court, Madhavaram 3/4

G.CHANDRASEKHARAN ,J.

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