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Madras High CourtCRL OP(MD)/2369/2015dismissed

Johonkennady v. Janaki @ Nancy Janaki

2015-04-17Honourable Mr Justice M.M.Sundresh1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.No.2369 of 2015 and M.P.(MD).No.1 of 2015 Johnkennedy ... Petitioner Vs.

Janaki @ Nancy Janaki ... Respondent Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code praying to withdraw the M.P.No.733 of 2014 in M.C.No.165 of 2005 before the learned first Additional Family Court, Chennai and transfer to the Family Court, Madurai.

For Petitioner :Mr.Lakshmi Gopinathan For Respondent :Mrs.S.Prabha Government Advocate (Crl.Side)

O R D E R

This petition has been filed by the petitioner who is the husband of the respondent, seeking to withdraw the M.P.No.733 of 2014 in M.C.No.165 of 2005 before the learned first Additional Family Court, Chennai and transfer to the Family Court, Madurai.

2. This Court does not find any merits in this case. Admittedly, the main case is over as early as on 28.08.2014. Merely because of Miscellaneous Petition is pending, the same cannot be a ground for transfer. The petitioner having conducted the case without seeking transfer cannot ask for Miscellaneous Petition to be transferred to the file of another court.

3. Accordingly, this petition shall stand dismissed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Per Admn) /True copy/ Sub Assistant Registrar To The Ist Additional Family Judge, Chennai.

+1cc to M/S.LAKSHMI GOPINATHAN, ADVOCATE IN SR : 19530 Pjl/am SR : 04.05.2015 : 1p/3c Crl.O.P.No.2369 of 2015 and M.P.(MD).No.1 of 2015 17.04.2015 https://hcservices.ecourts.gov.in/hcservices/