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M.Senthilmurugan vs Muthumari on 16 October, 2019

Crl.O.P.(MD)No.4347 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.(MD)No.4347 of 2019
and
Crl.M.P.(MD)No.2634 of 2019

M.Senthilmurugan …Petitioner/1st Respondent

Vs.

Muthumari … Respondent/Petitioner

Prayer: Criminal Original petition filed under Section 482 of Code of
Criminal Procedure, to withdraw the D.V.O.P.No.9 of 2017 on the
file of the Principal District Munsif Cum Judicial Magistrate Court,
Nanguneri and transfer to any competent Court at Madurai.

For Petitioner : Mr.V.Muthukamatchi
For Respondent : Mr.R.Anand

***
ORDER

This Criminal Original Petition has been filed to transfer the

domestic violence complaint filed by the respondent in D.V.O.P.No.9

of 2017, on the file of the Principal District Munsif Cum Judicial

Magistrate Court, Nanguneri to another competent Court at Madurai

District.

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Crl.O.P.(MD)No.4347 of 2019

2. The petitioner filed a divorce petition in H.M.O.P.No.2364 of

2017. The respondent filed a transfer petition before this Court in

Tr.C.M.P.No.720 of 2018 and by an order dated 30.01.2019, this

Court transferred the case to the file of the Family Court, Madurai.

The relevant portion of the order reads as follows:

” 2. Today, when this petition is taken up for
hearing, the learned counsel appearing for the
petitioner as well as to the respondent are present.
After filing the counter, the learned counsel
appearing for the respondent and the petitioner
made a representation before this Court that if the
petition mentioned case is transferred to the file of
Family Court, Madurai, it will be very convenient for
both the petitioner and the respondent in attending
the Court proceedings at Madurai. In this regard,
both the counsels made their endorsements in the
petition.

3. Accordingly, in view of the above
submissions and endorsements made by the
counsels appearing for the petitioner and the
respondent, this petition is disposed of. The case in
HMOP.No.2364 of 2017 is ordered to be withdrawn
from the file of VII Additional Family Court, Chennai
and to transfer the same to the file of Family Court,
Madurai. The learned Judge of VII Additional
Family Court, Chennai is directed to transmit the

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Crl.O.P.(MD)No.4347 of 2019

case records pertaining to HMOP.No.2364 of 2017 to
Family Court, Madurai within a period of two weeks
from the date of receipt of a copy of this order. On
receipt of such records, the learned Judge, Family
Court, Madurai is directed to dispose the said case
as expeditiously as possible. Thus, the Transfer
Civil Miscellaneous Petition is disposed of. No costs.
Subsequently, connected miscellaneous petition is
closed.”

3. It would be convenient for both the parties to attend the

Court proceedings if it is at Madurai.

4. Therefore, the Domestic violence complaint in D.V.O.P.No.9

of 2017, is hereby withdrawn from the file of the learned Principal

District Munsif Cum Judicial Magistrate Court, Nanguneri, and to

transfer the same before the learned Judicial Magistrate No.2,

Madurai. On receipt of the entire bundle, the learned Judicial

Magistrate No.2, Madurai, shall complete the entire proceedings,

within a period of six months from the date of receipt of receiving

the bundle.

5. With the above directions, this Criminal Original Petition

stands disposed of. Consequently, connected miscellaneous petition

is closed.

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Crl.O.P.(MD)No.4347 of 2019

16.09.2019

Internet: Yes/No
Index : Yes/No
vsd

G.K.ILANTHIRAIYAN.,J.

vsd

To

1.The Principal District Munsif Cum
Judicial Magistrate Court, Nanguneri.

2.The Judicial Magistrate No.2, Madurai.

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

Crl.O.P.(MD)No.4347 of 2019
and
Crl.M.P.(MD)No.2634 of 2019

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Crl.O.P.(MD)No.4347 of 2019

16.10.2019

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