M.Ravishankar v. M.Lavanya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.561 of 2021 and CMP No.14703 of 2021 M.Ravishankar ... Petitioner Vs M.Lavanya ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw and transfer the proceedings in D.V.A.No.113 of 2019 pending on the file of the Special DVA Court, Coimbatore to the Family Court, Tiruppur, where the petitioner is contesting the cases filed in M.C.No.181 of 2017 and HMOP No.670 of 2017.

For Petitioner : M/s.M.Revathi Manivannan For Respondent : Mr.B.Kumarasamy

O R D E R

This application has been field seeking transfer of DVA.No.113 of 2019 pending on the file of the Special Domestic Violence Court, (J.M.No.6) at Coimbatore.

2. The transfer is sought for to the Sub Court at Tiruppur on the ground that there is no necessity to attend every proceeding in person before the Sub Court. The proceedings under the Protection of women from Domestic Violence Act, 2005 are in the nature of criminal proceedings triable by the Magistrate. Therefore, a petition seeking transfer of the same to the Sub Court for hearing along with OP under the Hindu Marriage Act, is not maintainable. Hence, this Transfer CMP is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vum https://hcservices.ecourts.gov.in/hcservices/

To The Special Domestic Violence Court, (J.M.No.6) Coimbatore.

+1 cc to M/s.M.Revathi Manivannan, Advocate Sr.NO.61905 +1 cc to Mr. B.Kumarasamy., Advocate Sr.NO. 62140 TR CMP No.561 of 2021 and CMP No.14703 of 2021 PL(CO) A.SK(10.12.2021) https://hcservices.ecourts.gov.in/hcservices/