Madras High CourtCRL OP(MD)/13752/2019disposed of

V.A. Anand v. A.V. Suganya

2019-11-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.13752 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.13752 of 2019 and Crl.M.P.(MD).No.8386 of 2019 1.V.A.Anand 2.V.Ayothi 3.A.Sagunthala 4.V.A.Aravind ... Petitioners/Respondent Vs.

1.A.V.Suganya 2.Minor.A.Shravan ... Respondents/Petitioners PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to withdraw and transfer the petition in D.V.O.P.No.7 of 2019 on the file of the learned Judicial Magistrate, Thirumangalam, Madurai District to any other competent Court at Thiruchirappalli District or Sivagangai District.

For Petitioners : Mr.C.Muthu Saravanan For Respondents : Mr.PT.S.Narendravasan

ORDER

This Criminal Original petition has been filed to transfer the petition in D.V.O.P.No.7 of 2019 on the file of the learned Judicial Magistrate, Thirumangalam, Madurai District to any other competent Court at Thiruchirappalli District or Sivagangai District. 2.The learned counsel appearing for the petitioners submitted that due to matrimonial dispute, the petitioner filed petition for restitution of conjugal rights before the Family Court, Trichy in H.M.O.P.No.425 of 2019 and the same is pending. During the pendency of H.M.O.P, the first respondent has filed a complaint under Section 12 of the Domestic Violence Act and the same has been taken cognizance in D.V.O.P.No.7 of 2019 before the learned Judicial Magistrate, Thirumangalam, as against the petitioners. Due to inconvenience of the petitioners, the present petition is filed. 3.

The learned counsel appearing for the respondents would submit that the respondents have no objection to transfer the complaint from the file of the Judicial Magistrate, Thirumangalam to the Family Court, Madurai. Since, the first respondent has also filed Tr.C.M.P.No.412 of 2019 to transfer H.M.O.P.No.425 of 2019 filed by the first petitioner from the file of the Family Court, https://hcservices.ecourts.gov.

Crl.O.P.(MD) No.13752 of 2019 Tiruchirappalli to the file of the Family Court, Madurai, which is pending for adjudication.

4.Considering the aforesaid submission, this Criminal Original Petition is allowed and the case records in D.V.O.P.No.7 of 2019 is withdrawn from the Judicial Magistrate, Thirumangalam, Madurai District and transferred to the file of the Family Court, Madurai for disposal, as per law.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS ) vsg To:

1.The Judicial Magistrate, Thirumangalam, Madurai District.

2.The Family Court, Madurai.

3. The Family Court, Tiruchirappalli +1 CC to Mr.PT.S. NARENDRAVASAN, Advocate ( SR-99792[F] dated 20/11/2019 ) +1 CC to Mr.C. MUTHU SARAVANAN, Advocate ( SR-100059[F] dated 21/11/2019 ) Crl.O.P.(MD) No.13752 of 2019 and Crl.M.P.(MD).No.8386 of 2019 20.11.2019 MK (17.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2