R.Arun v. R.Hema2. A.Sahana(Minor
Case at a glance
- Bench
- G K ILANTHIRAIYAN
Outcome
Dismissed
Accordingly, this Criminal Original Petition stands dismissed
Provisions considered
Judgment
Crl.O.P.No.19959 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 04.02.2025CORAMTHE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYANCRL.O.P.No.19959 of 2023and Crl.M.P.No.13594 of 2023R.Arun ....PetitionerVs1. R.Hema2. A.Sahana(Minor represented by mother R.Hema)....RespondentsPrayer: Criminal Original Petition is filed under Section 407 of Code of Criminal Procedure to withdraw and Transfer M.C.No. 2 of 2023, pending on the file of the District Munsif Cum Judicial Magistrate Court at Thirukazhukundran to any of the Family Courts, Chennai. For Petitioner: Ms.R.Sumithra ChakkaravarthiFor Respondents : Mr.P.G.Santhosh Kumar ORDERThis Criminal Original Petition has been filed for transfer of trial in M.C.No.2 of 2023 from the file of the District Munsif cum Judicial Magistrate, Thirukazhukundram to any of the Family Court at Chennai.1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19959 of 20232. Heard the learned counsel appearing on either side and perused the materials available on record.3.
The petitioner is the husband and the first respondent is the wife. They got married and gave birth to the second respondent herein. Due to misunderstandings, they got separated. Thereafter, the first respondent could not able to maintain herself and as such, the respondents filed a petition in M.C.No.2 of 2023 on the file of the District Munsif cum Judicial Magistrate, Thirukazhukundram, seeking maintenance. Now, the petitioner sought for transfer of the entire trial from the file of the District Munsif cum Judicial Magistrate, Thirukazhukundram to any of the Family Courts at Chennai. The respondents are residing within the jurisdiction of the Thirukazhukundam. The petitioner is residing at Pallikarani, Chennai which is not far from Thirukazhukundram and it is not difficult for him to attend the Court proceedings. That apart, the first respondent is living with the second respondent, their minor daughter.
Operative part
4. In view of the above, this Court is not inclined to transfer the trial in M.C.No.2 of 2023 on the file of the District Munsif cum 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19959 of 2023 Judicial Magistrate, Thirukazhukundram to any other Family Courts, Chennai. Accordingly, this Criminal Original Petition stands dismissed. However, the District Munsif cum Judicial Magistrate, Thirukazhukundram, is directed to complete the trial within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.04.02.2025LppIndex: Yes/NoInternet: Yes/No ToThe District Munsif Cum Judicial Magistrate Court, Thirukazhukundran.3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19959 of 2023G.K.ILANTHIRAIYAN,J.Lpp Crl.O.P.No.19959 of 202304.02.20254/4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this Criminal Original Petition stands dismissed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 407.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.