Madras High CourtCRL OP(MD)/799/2024disposed of

R.Pongalaban v. M.Sindhuja

2024-09-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)Nos.456 and 457 of 2024 R.Pongalaban ... Petitioner Vs.

1.M.Sindhuja 2.Minor.Vishwajith Ravi represented by her mother as natural guardian ... Respondents PRAYER : Criminal Original Petition filed under Section 407 Cr.P.C., to transfer the case in Cr.M.P.No.38 of 2023 in M.C.No.46 of 2015 pending before the Family Court, Kanyakumari at Nagarcoil to a Court of competent jurisdiction in Madurai or any other competent Court outside Kanyakumari District.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.C.Dhanaseelan

ORDER

The Criminal Original Petition has been filed seeking orders to 1/4

transfer the case in Cr.M.P.No.38 of 2023 in M.C.No.46 of 2015 pending before the Family Court, Kanyakumari at Nagarcoil to a Court of competent jurisdiction in Madurai or any other competent Court outside Kanyakumari District.

2. The learned counsel appearing for the petitioner would submit that the first respondent has now become advocate and she is practising before the Family Court, Nagercoil, Kanyakumari District and that earlier in the maintenance case, the Family Court has awarded Rs.7,500/- for the respondents and at the instance of the first respondent, the same was enhanced to Rs.12,000/-. He would further submit that second petition for enhancement came to be filed in Crl.M.P.No.38 of 2023 and is pending on the file of the Family Court, Kanyakumari at Nagercoil and the petitioner has already filed his objection.

3. Considering the facts and circumstances and also taking note of the fact that the enhancement petition is pending for more than one year, the learned Family Judge, Nagercoil is directed to conduct enquiry in Crl.M.P.No.38 of 2023 and dispose of the same within a period of one month from the date of receipt of a copy of this order. 2/4

4. With the above direction, this Criminal Original Petition stands disposed of. Consequently, connected Miscellaneous Petitions are closed.

03.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Family Court, Kanyakumari at Nagarcoil.

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K.MURALI SHANKAR,J.

csm Order made in and Crl.M.P.(MD)Nos.456 and 457 of 2024 Dated: 03.09.2024 4/4