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Madras High CourtTR CMP(MD)/516/2023disposed of

H.Raja Murugan v. Lavanya,

2023-11-29Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)Nos.11421 and 11426 of 2023

1. H.Raja Murugan

2. Hariram

3. Mahalakshmi ... Petitioners Vs.

Lavanya ... Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the D.V.C.No.6 of 2023 on the file of learned Judicial Magistrate, Vadipatti, Madurai District and transfer the same to Mahila Court (JM Cadre), Madurai District.

For Petitioners : Mr.P.Bhaskar For Respondent : Mr.K.Muthu Ganesa Pandian

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Judicial Magistrate, Vadipatti, Madurai District, in 1/4

D.V.C.No.6 of 2023 and transfer the same to the Mahila Court (JM Cadre), Madurai District.

2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent.

3. The learned counsel appearing for the petitioners would submit that the marriage between the first petitioner and the respondent was already dissolved by a decree of divorce, that the respondent has already filed a complaint for dowry harassment and the same is pending on the file of the Judicial Magistrate No.1, Madurai, and subsequently, the respondent has filed another complaint under the provisions of Domestic Violence Act and the same is pending on the file of the Judicial Magistrate, Vadipatti and that therefore, the case may be transferred from the file of the Judicial Magistrate, Vadipatti, Madurai District, to the file of the Mahila Court (JM Cadre), Madurai District.

4. The learned counsel appearing for the respondent would submit that they are not having any objection to transfer the case to the Judicial Magistrate No.I, Madurai, where the dowry harassment case is pending. 2/4

5. Considering the above facts and circumstances and also the submissions made on either side, this Court is inclined to transfer the case in D.V.C.No.6 of 2023 from the file of the Judicial Magistrate, Vadipatti, Madurai District, to the file of the Judicial Magistrate No.I, Madurai.

6. Accordingly, the learned Judicial Magistrate, Vadipatti, Madurai District, is hereby directed to transmit the entire records in D.V.C.No.6 of 2023 to the file of the Judicial Magistrate No.I, Madurai, within a period of 15 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judicial Magistrate No.I, Madurai, is directed to take up the petition on file and proceed in accordance with law.

7. With the above direction, this Transfer Civil Miscellaneous Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.

29.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm Note : Issue order copy today (29.11.2023) 3/4

K.MURALI SHANKAR ,J.

csm To

1. The Judicial Magistrate, Vadipatti.

2. The Judicial Magistrate No.I, Madurai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Order made in TTr.C.M.P.(MD)No.516 of 2023 and C.M.P.(MD)Nos.11421 and 11426 of 2023 Dated : 29.11.2023 4/4