Madras High CourtCRL OP(MD)/13877/2017disposed of

Saravana Haridevi, v. Senthil Kumar,

2019-09-20Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.[MD].No.13877 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.13877 of 2017 and Crl.M.P.(MD)No.9311 of 2017 Saravana Haridevi : Petitioner/Petitioner Vs.

Senthil Kumar : Respondent/Respondent PRAYER : Criminal Original Petition is filed under Section 407 of Cr.P.C, to transfer the case in M.C.No.39 of 2017, pending before the Family Court, Salem to Family Court in Madurai District or any other competent Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.R.Srinivasan

O R D E R

The Criminal Original Petition has been filed to withdraw the case in M.C.No.39 of 2017, on the file of the Family Court, Salem and to transfer the same to the file of Family Court in Madurai District.

2.The respondent /husband has filed a petition seeking for maintenance from the wife, who is the petitioner. This transfer petition has been filed mainly on the ground that there are connected proceedings, which are pending before the Family Court, Madurai and therefore, the present case can also to be transferred to the Family Court, Madurai.

3.That apart the petitioner has also stated in the affidavit that she is taking care of a small child and it will not be possible for her to travel to salem for every hearing. 4.Heard the learned counsel for the petitioner an the learned counsel for the respondent.

5.Taking into consideration the facts and circumstances and also the fact that there are connected proceedings pending before the Family Court, Madurai between the same parties, this Court is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.13877 of 2017 inclined to transfer the proceedings, which is now pending on the file of the Family Court, Salem.

6.In view of the above, the proceedings in M.C.No.39 of 2017, pending on the file of the Family Court, Salem is withdrawn and transferred to the file of the Family Court, Madurai District. 7.The learned Family Judge, Salem is directed to send the entire case records within a period of two weeks from the date of receipt of a copy of this order to the file of Family Court, Madurai and the learned Family Judge, Madurai, on receipt of the case records shall renumber this petition and hear this petition along with the other connected cases.

8.This Criminal Original Petition is disposed of with the above directions. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) das To 1.The Family Judge, Salem.

2.The Family Judge, Madurai.

Copy to The Section Officer,-2 copies Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-88485[F] dated 23/09/2019 ) Crl.O.P.[MD].No.13877 of 2017 and Crl.M.P.(MD)No.9311 of 2017 20.09.2019 KM/(14.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2