N.Chandrasekaran, v. S.Indumathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Tr.C.M.P.(MD) No.83 of 2023 and C.M.P.(MD)No.1961 of 2023 N.Chandrasekaran ... Petitioner/Respondent -vsS.Indhumathi ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.6 of 2022 on the file of the Family Court, Krishnagiri and transfer the same to the file of the Principal Subordinate Court, Thiruchirappalli to be tried along with H.M.O.P.No.188 of 2021.

For Petitioner : Mr.S.Suresh Manickam For Respondent : No Appearance

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of Family Court, Krishnagiri in H.M.O.P. No.6 of 2022 and transfer the same to the Principal Subordinate Court, Thiruchirappalli to be tried along with H.M.O.P.No.188 of 2021.

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2.Despite notice being served through Court and privately on the respondent and the name being printed in the cause list, there is no representation on behalf of the respondent either in person or through counsel. 3.Paragraph 4 of the affidavit reads as under:- "4..... I further submit that I have entered appearance in all the three cases filed by the respondent herein. I have been attending all the hearing with a hope for reunion. Under such circumstances, on 24.02.2022, when I went to Krishnagiri for attending the Court hearing, inside the Court the respondent's father namely Mr.Sekar, brother namely Mr.Rengadurai, mother namely Mrs.Kamala threatened me to take my life and demanded a sum of Rs.10,00,000/- or they will lodge false against me.

Hence, I gave a complaint to the Superintendent of Police, Krishnagiri through online and the same is pending before Krishnagiri Taluk Police Station. On 27.05.2022, the respondent's father namely Mr.Sekar abused me inside the Court campus by saying that he will do anything and has higher officials in his hand since he is working in Collectorate, Krishnagiri. Apprehending the attitude of the respondent's father, I called the Sub Inspector of Police, Krishnagiri Taluk Police Station and he promised to bring a police constable to protect me during the court hearing. On 28.10.200, when I standing outside the Krishnagiri Court campus, the respondent and his family members abused me and attempted to assault me with slipper and threatened to take my life."

4.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition. Hence, H.M.O.P. No. 6 2 / 4

of 2022 is transferred from the file of Family Court, Krishnagiri to Principal Subordinate Court, Tiruchirappalli to be tried along with H.M.O.P.No.188 of 2021. The Principal Subordinate Court, Tiruchirappalli, shall endeavour to complete the proceedings preferably within a period of 12 months from the date of receipt of copy of this order.

5.With the above observation, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently connected miscellaneous petition is closed.

14.06.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Mrn To:

1.The Family Court, Krishnagiri.

2.The Principal Subordinate Court, Tiruchirappalli.

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C.SARAVANAN, J.

Mrn Order made in Tr.C.M.P.(MD) No.83 of 2023 Dated:

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