High Court · 2025

Crl.O.P.(MD)No.13121 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025CORAMTHE HON`BLE MR.JUSTICE B.PUGALENDHICrl.O.P.(MD)No.13121 of 2025andCrl.M.P.(MD)No.10376 of 2025Paramasivan ... PetitionerversusMuthukani... RespondentPrayer : Petition filed under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the case in Crl.M.P.No.7654 of 2021 in M.C.No.17 of 2007 on the file of the Chief Judicial Magistrate Court, Tirunelveli to any other equivalent competent court at any nearby District.For Petitioner: Mr.SC.Herold SignFor Respondent: Mr.G.Prabhu Rajadurai1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13121 of 2025ORDERThe petitioner, who is the husband of the respondent, has filed this petition seeking transfer of the proceedings in Crl.M.P.No.7654 of 2021 in M.C.No.17 of 2007 which is pending before the Chief Judicial Magistrate Court, Tirunelveli, to any other Court on the ground that the learned Chief Judicial Magistrate, Tirunelveli, is the close relative of the respondent. 2. The respondent has filed a petition before the learned Chief Judicial Magistrate, Tirunelveli, in M.C.No.17 of 2007 seeking maintenance from the petitioner. The said petition was allowed, by order dated 22.11.2007, with a direction to the petitioner to pay a sum of Rs.3,000/- p.m. (Rs.1,250/- p.m. to the respondent and Rs.1,750/- to her daughter). Thereafter, the respondent has filed a petition in Crl.M.P.No.7654 of 2021 seeking enhancement of maintenance amount awarded in M.C.No.17 of 2007 and the same is pending before the learned Chief Judicial Magistrate, Tirunelveli. The petitioner has filed this petition 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13121 of 2025seeking transfer of the proceedings in Crl.M.P.No.7654 of 2021 in M.C.No.17 of 2007 on the ground that the learned Chief Judicial Magistrate, Tirunelveli, is the close relative of the respondent. 3. The learned counsel appearing for the petitioner submits that the petitioner apprehends that he may not get fair justice from the Chief Judicial Magistrate, Tirunelveli, if the proceeding is allowed to be continued, since the learned Chief Judicial Magistrate, Tirunelveli, is the close relative of the respondent. 4. The learned counsel appearing for the respondent submits that the marriage between the petitioner and the respondent was performed on 10.04.1986 and out of the wedlock, a female child was born on 23.01.1987. Thereafter, the petitioner deserted the respondent and her daughter and also filed a petition for divorce. The said divorce petition was decreed as ex parte on 25.11.1994. However, the ex parte order was set aside and the divorce petition was dismissed on 11.10.2002. Thereafter, the respondent has filed a petition in M.C.No.17 of 2007 seeking maintenance amount from the petitioner. The said maintenance 3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13121 of 2025case was allowed on 22.11.2007 with a direction to the petitioner to pay a sum of Rs.3,000/- p.m. The petitioner has paid the maintenance amount till the year 2010 and thereafter, he failed to pay the maintenance amount. Therefore, the respondent has filed a petition in Crl.M.P.No.10627 of 2022 for execution of the order passed in M.C.No.17 of 2007 and the arrears of maintenance amount. Since the maintenance amount was awarded in the year 2007 and the present cost of living has also increased, the respondent has filed another petition in Crl.M.P.No.7654 of 2021 seeking enhancement of the maintenance amount. 5. The learned counsel appearing for the respondent further submits that the petition for enhancement of the maintenance amount as well as the execution petition are pending from the year 2021 and 2022 respectively. However, the petitioner has preferred to file this petition seeking to transfer the proceedings which is pending in Crl.M.P.No.7654 of 2021 alone and that too, in order to drag on the proceedings further. He further submits that the learned Chief Judicial Magistrate, Tirunelveli, is not the relative of the respondent and the respondent is also not having any grievance, if the petition in Cr.M.P.No.7654 of 2021 is transferred to 4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13121 of 2025any other Court. The only expectation of the respondent is the early disposal of Crl.M.P.Nos. 7654 of 2021 and 10672 of 2022. 6. This Court considered the rival submissions made. 7. The petitioner, who is facing a proceeding in Crl.M.P.No.7654 of 2021, before the Chief Judicial Magistrate, Tirunelveli, has filed this petition, seeking to transfer the petition in Crl.M.P.No.7654 of 2021 to any other competent Court on the ground that the learned Chief Judicial Magistrate, Tirunelveli, is the close relative of the respondent. However, the petitioner has not substantiated the same, by producing any materials. As rightly pointed out by the learned counsel for the respondent, the petitioner has preferred this petition seeking to transfer the petition in Crl.M.P.No.7654 of 2021 alone, which has been filed for enhancement of maintenance amount. 8. Admittedly, the maintenance amount of Rs.3,000/- was awarded in the year 2007. The petition in Crl.M.P.No.7654 of 2021 filed by the respondent seeking enhancement of maintenance is pending from the 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13121 of 2025year 2021. On this ground, I am inclined to transfer the case in Crl.M.P.No.7654 of 2021, which is pending before the learned Chief Judicial Magistrate, Tirunelveli, to any other learned Additional Sessions Judge, in Tirunelveli. 9. Accordingly, this Criminal Original Petition is disposed of. The case in Crl.M.P.No.7654 of 2021 is directed to be transferred from the file of the learned Chief Judicial Magistrate, Tirunelveli, to any other learned Additional Sessions Judge in Tirunelveli. The transferee Court shall ensure that the proceedings in Crl.M.P.No.7654 of 2021 is disposed of within a period of three months from the date of receipt of the papers from the learned Chief Judicial Magistrate, Tirunelveli. 10. This Court is not inclined to transfer the proceedings which is pending in Crl.M.P.No.10672 of 2022, since there is no prayer in this regard and further, it is an execution petition to execute the order already passed by the learned Chief Judicial Magistrate, Tirunelveli in M.C.No.17 of 2007. The learned Chief Judicial Magistrate, Tirunelveli, is directed to enforce the order in M.C.No.17 of 2007, by disposing the 6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13121 of 2025petition in Crl.M.P.No.10672 of 2022 within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 20.08.2025Index : Yes / No.Internet : Yes / No.NCC : Yes / No.ogyTo1. The learned Principal District Judge, Tirunelveli.2. The Chief Judicial Magistrate Court, Tirunelveli. 7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13121 of 2025B.PUGALENDHI, J.ogyCrl.O.P.(MD)No.13121 of 2025 20.08.20258/8