Roopa v. Basker

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2017 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.OP. No.2604 of 2016 and Crl.M.P. No. 1366 of 2016 Roopa .. Petitioner Vs

1. Baskar

2. Rajalakshmi

3. Revathi

4. Vasudevan .. Respondents Prayer : This Petition filed under Section 482 Cr.PC, praying to withdraw the proceedings in D.V. No. 6 of 2015, on the file of Learned Judicial Magistrate Court, Mannargudi, Thiruvarur District and transfer the same to learned Judicial Magistrate Court No.I, Mayiladuthurai, Nagapattinam District. For Petitioner : M/s.J. Milton Arul Rajendran For Respondents : No Appearance - for R1 : M/s. Swami Subramanian - For R2 to R4

O R D E R

The prayer in the present petition is for transfer of the case in D.V. No. 6 of 2015 on the file of the Learned Judicial Magistrate Court, Mnnargudi to Judicial Magistrate -I, Myladuthurai.

2. Heard Mr. J. Milton Arul Rajendran, learned Counsel appearing for the Petitioner and Mr. Swami Subramanian, learned counsel appearing for the Respondents 2 to 4.

3. The only ground on which the petitioner seeks the above transfer is owing to her personal inconvenience of appearing before the Judicial Magistrate Court, Mannargudi for each and every hearing.

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4. In my view, such inconvenience cannot be the ground for transfer in a case of matrimonial dispute. Nevertheless, justice could be met if the trial Court is directed to expedite the proceedings.

5. In such circumstances, the present Crl.O.P. No. 2604 of 2016 is dismissed. Consequently, connected Miscellaneous Petition is also closed. However, there shall be a direction to the trial Court to complete the trial and pass final orders within a period of four months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ak To

1. The Judicial Magistrate Mannargudi, Thiruvarur District.

2. The Judicial Magistrate I Mayiladuthurai CRL.O.P.No.2604 of 2016 MP(CO) CU(14/07/2017) https://hcservices.ecourts.gov.in/hcservices/