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Madras High CourtTR CMP(MD)/12/2015dismissed

M.Vinothkumar v. Charlyn Pushpalatha

2015-01-23Honourable Mr Justice D. Hariparanthaman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2015 CORAM :

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN TR.CMP(MD)No.12 of 2015 and M.P(MD)No.1 of 2015 M.Vinothkumar ... Petitioner Vs.

Charlyn Pushpalatha ... Respondent Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case in M.C.No.44/2014 pending on the file of Chief Judicial Magistrate, Nagercoil, and transfer the same to the file of any other court at Madurai.

For Petitioner : Mr.K.Samidurai

O R D E R

The petitioner is the husband. He filed IDOP.No.36 of 2014 on the file of the Family Court, Madurai, seeking dissolution of marriage. The respondent/wife filed M.C.No.44 of 2014 before the Chief Judicial Magistrate, Nagercoil. The husband has filed this petition seeking transfer of M.C.No.44 of 2014 from the file of the Chief Judicial Magistrate, Nagercoil, to any other Court in Madurai.

2.The petitioner is the Assistant Professor in Anna University while the respondent/wife is a student. Learned counsel for the petitioner has submitted that if the maintenance case is transferred to Madurai, the matter could be amicably settled. 3.I am not able to appreciate the submission made by the learned counsel for the petitioner, particularly, when the petitioner filed a petition seeking dissolution of marriage. Further, the maintenance case has been filed by the wife under Section 125 of the Criminal Procedure Code. The proceedings under Section 125 Cr.P.C. could be disposed of summarily unlike the IDOP case, since it would consume longer time.

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4.For the aforesaid reasons, I am not inclined to entertain this petition. The Transfer Civil Miscellaneous Petition is dismissed accordingly. Consequently, M.P(MD)No.1 of 2015 is closed. No costs.

Sd/- Assistant Registrar(C.O.,) /True Copy/ Sub-Assistant Registrar To The Chief Judicial Magistrate, Nagercoil.

+1cc to Mr.K.Samidurai, Advocate, in SR. No.3521. TR.CMP(MD)No.12 of 2015 and M.P(MD)No.1 of 2015 23.01.2015 NB2 msm 16.02.2015 p2/3c https://hcservices.ecourts.gov.in/hcservices/