Sudalai Kannu @ Suresh Kanna, v. Kasi Lakshmi,

Crl.O.P.(MD) No.15308 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.15308 of 2017 and Crl.M.P.No.10176 of 2017 Sudalai Kannu @ Suresh Kanna ... Petitioner/ Respondent -vsKasilakshmi ... Respondent/Petitioner Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to transfer in M.C.No.16 of 2015 on the file of the Judicial Magistrate, Srivaikundam, Thoothukudi District to the file of the Judicial Magistrate, Ambasamudram, Tirunelveli District. For Petitioner : Mr.S.Saji Bino

O R D E R

This petition has been filed seeking for the transfer of the matrimonial case filed by the respondent in M.C.No.16/2015, pending on the file of the Judicial Magistrate, Srivaikundam.

2. This transfer petition has been filed mainly on the ground that the Court below had not complied with the mandatory requirement under Sections 328 and 329 of the Code of Criminal Procedure and had proceeded to examine the respondent, who is said to be suffering from mental illness.

3. The ground raised by the petitioner does not warrant a transfer and it is a disputed question of fact, which can be decided by the Court below. This Court does not find any ground to transfer the proceedings and accordingly, this Criminal Original Petition is dismissed. There shall be a direction to the Court below to complete the proceedings in M.C.No.16/2015, within a period of three months from the date of receipt of copy of this order. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.15308 of 2017 To The Judicial Magistrate, Srivaikundam, Thoothukudi District Crl.O.P.(MD)No.15308 of 2017 and Crl.M.P.No.10176 of 2017 20.09.2019 rr MK (11.10.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2