Madras High CourtCRL OP(MD)/14552/2017disposed of

Saravana Muthupandian v. S.Jegathambal

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

Crl.O.P.[MD].No.14552 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.14552 of 2017 1.Saravanamuthupandian 2.Subbulakshmi 3.Tamilselvi 4.Umamaheswari 5.Kalimuthu : Petitioners/Respondents Vs.

1.S.Jegathambal 2.Minor S.J.Kishore Kanna :Respondents/Petitiioners (R2represented by his mother as natural guardian) PRAYER : Criminal Original Petition is filed under Section 407 of Cr.P.C, to direct the learned Judicial Magistrate No.II, Virudhunagar to withdraw the case in D.V.C.No.9 of 2017 and transfer the same to the learned Additional Mahila Court, Madurai. For Petitioners : Mr.V.S.Karthi, for M/s.V.S.Karthi Associates For Respondent : Mr.M.Jothi Basu

O R D E R

The Criminal Original Petition has been filed seeking transfer of proceedings pending in D.V.C.No.9 of 2017, on the file of learned Judicial Magistrate No.II, Virudhunagar. 2.The respondent has initiated the proceedings against the petitioners under the Domestic Violence Act. This transfer petition has been filed mainly on the ground that all the related proceedings are now pending in different Courts at Madurai and therefore, this petition should also be transferred to Madurai. 3.Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the respondent. 4.Taking into consideration the fact that the respondent has to take care of a small child and the divorce proceedings has also been transferred to the Sub Court, Srivilliputhur, this Court is not inclined to transfer the proceeding at this stage. 5.The presence of the petitioners 2 to 5 is dispensed with and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.14552 of 2017 they shall be represented by a counsel before the Court below. 6.This Criminal Original Petition is disposed of with a direction to the learned Judicial Magistrate No.II, Virudhunagar to dispose of the proceeding in D.V.C.No.9 of 2017, within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) das To 1.The Judicial Magistrate No.II, Virudhunagar. 2.The Section Officer,-2 copies Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.JOTHI BASU, Advocate ( SR-88412[F] dated 23/09/2019 ) Crl.O.P.[MD].No.14552 of 2017 20.09.2019 KM/(14.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2