Madras High CourtCRL OP(MD)/2671/2026disposed of

Harisankar v. Utharasunthari

2026-02-10Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI and CRL MP(MD)Nos.2966 & 2969 of 2026 1.Harisankar 2.Subbulakshmi 3.Ashokpandian 4.Viswa Ganesh 5.Sri Jatanthi ... Petitioners 1 to 5 / Respondents 1 to 5 Vs Utharasunthari ... Respondent / Petitioner PRAYER :- To withdraw the DVC No.37/2025 on the file of the Judicial Magistrate Court No.2, Padmanabhapuram, and transfer the same to Additional Mahila Court, Madurai or to any other competent court having jurisdiction.

For Petitioners : Mr.M.Maruthupandian 1/4

ORDER

This Criminal Original Petition is filed to withdraw the DVC No. 37/2025 on the file of the Judicial Magistrate Court No.2, Padmanabhapuram, and transfer the same to Additional Mahila Court, Madurai or to any other competent court having jurisdiction.

2. Considering the limited scope of the relief sought in this criminal Original petition, notice to the respondents is dispensed with.

3. The learned counsel for the petitioner submitted that he is the husband of the respondent Utharasunthari, who had filed a domestic violence case before the Learned Judicial Magistrate No.II, Padmanabhapuram in DVC No.37 of 2025. Since the in-laws are residing in Madurai and the petitioner is employed in Bangalore, he is finding it difficult to travel every hearing to the Judicial Magistrate Court, Padmanabhapuram and hence sought for indulgence of this Court.

4. This Court is of the considered view that the in-laws of the 2/4

respondent, ie., the petitioners 2, 3, 4 and 5, should not be compelled to appear before the learned Judicial Magistrate Court at Pathmanabhapuram, on every hearing. However the learned trial Court is at discretion to require the presence of any of the respondents in DVC.No.37 of 2025, for the purpose of proper adjudication. It is made clear that the first petitioner namely Harishankar, will continue to appear before the learned Judicial Magistrate Court, Padmanabhapuram, to face the ordear of trial from time to time. This Court do not find any necessity to transfer the case from the file of the learned Judicial Magistrate Court No.2, Padmanabhapuram, to any other Court.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 10.02.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No pnn L. VICTORIA GOWRI,J 3/4

pnn To The Judicial Magistrate Court No.II, Padmanabhapuram.

ORDER

IN CRL OP(MD) No.2671 of 2026 and CRL MP(MD)Nos.2966 & 2969 of 2026 Date : 10/02/2026 4/4