Madras High CourtCRL OP/17997/2023allowed

Malliga v. Sampath

2025-02-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.17997, 18004 & 18010 of 2023 and Crl.M.P.Nos.11902, 11906 & 11907 of 2023 Malliga .... Petitioner in all Crl.O.Ps Vs Sampath .... Respondent in all Crl.O.Ps Prayer: Criminal Original Petitions are filed under Section 407 of the Code of Criminal Procedure, to withdraw and transfer the CMP Nos. 1872, 308 and 358 of 2022 in M.C.No.17 of 2014 on the file of the Judicial Magistrate No.I, Kallakurichi to the Judicial Magistrate Court, Valapadi at Salem.

For Petitioner (in all Crl.O.Ps) : Mr.S.P.Yuvaraj

ORDER

These Criminal Original Petitions have been filed for transfer of applications filed by the petitioner in CMP Nos.1872, 308 and 358 of 2022 in M.C.No.17 of 2014 from the file of the Judicial Magistrate No.I, Kallakurichi to the file of the Judicial Magistrate, Valapadi, Salem District.

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2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. The petitioner is the wife of the respondent herein. They got married on 12.12.1984 and due to misunderstandings, they got separated. Thereafter, the petitioner was unable to maintain herself and as such, she filed a petition in M.C.No.17 of 2014 on the file of the Judicial Magistrate No.I, Kallakurichi. By an order dated 22.12.2017, she was ordered maintenance of Rs.5,000/- per month payable by the respondent. However, the respondent failed to pay the amount and as such, the petitioner filed an application to recover the arrears of the maintenance amount. Now, the petitioner is residing within the jurisdiction of Valapadi, Salem District and therefore, the petitioner could not able to attend the trial for each and every hearing.

4. In view of the above facts and circumstances of the case, CMP Nos.1872, 308 and 358 of 2022 in M.C.No.17 of 2014, filed by the petitioner, are hereby withdrawn from the file of the Judicial Magistrate No.I, Kallakurichi and the same are transferred to the file of the Judicial Magistrate, Valapadi, Salem District.

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5. In the result, these Criminal Original Petitions stand allowed. Consequently, connected miscellaneous petitions are closed. 04.02.2025 Lpp Index:Yes/No Internet:Yes/No To 1.The Judicial Magistrate No.I, Kallakurichi.

2. The Judicial Magistrate, Valapadi, Salem District.

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G.K.ILANTHIRAIYAN,J.

Lpp Crl.O.P.Nos.17997, 18004 & 18010 of 2023 04.02.2025 4/4