Madras High CourtCRL OP(MD)/8760/2015allowed

Priya v. T.Saravanan

2015-07-24Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.8760 of 2015 and M.P.(MD).No. 1 of 2015 Priya ... Petitioner/Petitioner Vs.

T.Saravanan ... Respondent/Petitioner Prayer : Criminal Original Petition is filed under Section 407 of the Code of Criminal Procedure, praying to transfer the M.C.No.13 of 2010 pending on the file of the Judicial Magistrate No.I, Kovilpatti to the Family Court, Coimbatore.

For Petitioner : Mr.S.Pon Senthil Kumaran For Respondent : Mr.S.Gokulraj

O R D E R

The petitioner being the wife of the respondent has been filed this petition, seeking transfer of M.C.No.13 of 2010 on the file of the learned Judicial Magistrate No.I, Kovilpatty to the family court, Coimbatore.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent and perused the materials available on record.

3. The law on transfer between a wife and a husband is quite well settled. The interest of the lady is the pre-dominant consideration. The learned counsel for the petitioner submitted that the petitioner's age old mother is accompanying the petitioner and her minor son at Coimbatore in her house. There is no one to accompany her to attend each and every hearing, before the Judicial Magistrate No.I court at Kovilpatti.

4. Considering the facts and circumstances of the case, this court is inclined to transfer the M.C.No.13 of 2010 on the file of the learned Judicial Magistrate No.I, Kovilpatti to the Family Court, Coimbatore.

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5. Therefore, the learned Judicial Magistrate No.I, Kovilpatti is directed to transfer M.C.No.13 of 2010 to the file of the Family Court, Coimbatore within a period of four weeks from the date of receipt of a copy of this order.

6. This Criminal Original Petition is allowed with the above direction. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar PJL To 1.The Judicial Magistrate No.I, Kovilpatti.

2.The Family Court, Coimbatore.

JAM/5.9.15/2P-3C Crl.O.P.(MD)No.8760 of 2015 and M.P.(MD).No. 1 of 2015 24.07.2015 https://hcservices.ecourts.gov.in/hcservices/