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Madras High CourtTR CMP/935/2021dismissed

Kishore v. Nishanthi

2021-12-22Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.CMP.NO.935 OF 2021 AND CMP.NO.20828 OF 2021 Kishore ..Petitioner Vs.

Nishanthi ..Respondent Prayer:

Transfer civil miscellaneous petition filed under Section 24 of CPC, seeking to withdraw FCMC.No.44 of 2021 on the file of the Family CourtJudge, Vellore and transfer the same to the Subordinate Court at Alandur. For Petitioner : Mr.M.Mohamed Riyas

O R D E R

The petitioner seeks transfer of a maintenance case in FCMC.No.44 of 2021 pending on the file of the Family Court, Vellore to the Sub-Court at Alandur.

2.A maintenance case, though filed in a Family Court, is strictly a criminal proceeding under Section 125 of Cr.P.C., and the same cannot be transferred to a Sub-Court. Hence, this transfer civil miscellaneous petition is dismissed. Leaving it open to the petitioner to approach the appropriate Court, seeking transfer.

No costs.

Consequently, connected miscellaneous petition is closed.

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

To:- The Family Court, Vellore.

Tr.CMP.No.935 of 2021 and CMP.No.20828 of 2021 AD(CO) PM/10/01/2022 https://hcservices.ecourts.gov.in/hcservices/