Dismissed

M.S. Mohammed Younes v. Usmin

Madras HC13 Mar 2017CRL OP(MD)/3211/2014

Case brief

AI extract

What is this about?

The Madras High Court rejected the petitioner's prayer to transfer a maintenance petition under Section 125 Cr.P.C. from Ramanathapuram to Thiruchengode. The Court held that jurisdiction depends on where the estranged wife ordinarily resides post-separation, which is Ramanathapuram, not the matrimonial home.

What did the court decide?

Prayer to withdraw case from Ramanathapuram and transfer to Thiruchengode was rejected; connected miscellaneous petition was closed.

M.S. Mohammed Younes Vs Usmin — Maintenance and Alimony | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.03.2017

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CORAM

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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CRL.O.P.(MD)No.3211 of 2014 and MP(MD)No.1 of 2014

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M.S.Mohammed Younes,M/A-31 Years, S/o.Syed Abthathir,

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Door No.23,Malai Kavalar Koil Street, Thiruchengode,

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Nammakal District. ...Petitioner

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Usmin,F/a.25 Years, D/o.Sehu Meera Sahib

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Fareeha,F/2 Years, D/o.Mohammed Younus, Both are residing at No.63/1, Oothukadu, Kollapapatti, Animoor Post, Thiruchengode,

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Namakkal District. ... Respondents (Represented by her mother R1)

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Prayer: Criminal Petition filed under Article 407 of the Constitution of India, praying to withdraw the case vide M.C.No. 56/13 pending on the file of the Chief Judicial Magistrate, Ramanathapuram and transfer the same to the Judicial Magistrate, Thiruchengode.

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For Respondents : Mr.J.M.Hasannul Bazari

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ORDER

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This petition has been filed by the petitioner to withdraw the case in M.C.No. 56/13 pending on the file of the CJM, Ramanathapuram and transfer the same to the Judicial Magistrate, Thiruchengode.

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2.Usmin got married to Mohammed Younes some time in the year 2010. Usmin hails from Ramanathapuram District, whereas Mohammed Younes is from Thiruchengode District. After marriage, Usmin was living in her matrimonial home in Thiruchengode District. Their marriage ran into rough weather resulting in the spouses getting https://hcservices.ecourts.gov.in/hcservices/ estranged. Usmin came back to her paternal home in Ramanathapuram District and filed M.C.No.56/2013 before the Chief Judicial

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Magistrate, Ramanathapuram against Mohammed Younes under Section 125 Cr.P.C. claiming maintenance for herself and daughter Fareeja, for transferring, which, Mohammed Younes is before this Court.

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Heard the learned counsel for the petitioner and the learned counsel for the respondents.

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The learned counsel for Mohammed Younes submitted that the place of residence of Usmin is Thiruchengode and further she is presently working in Bangalore.

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Per contra, the learned counsel for Usmin submitted that Usmin was born in Ramanathapuram District and after marriage, she was living in Thiruchengode District in her matrimonial home and that is why, the husband was able to have certain records to show that Usmin was a resident of Thiruchengode. After they were estranged, Usmin is back to her parental home and since Younes failed and neglected to maintain her and her daughter, she was constrained to file M.C.No.56/2013 as stated above.

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This Court gave its anxious consideration to the rival submissions.

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The evidence produced by the learned counsel for Mohammed Younes that Usmin is an ordinary resident of Thiruchengode, like voter identity card etc., only shows that during her matrimonial life those documents were obtained. As regards the contention of the learned counsel for Younes that Usmin is at present working in Bangalore, that cannot be a reason to transfer the maintenance case from Ramanathapuram District to Thiruchengode.

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A petition under Section 125 Cr.P.C., is maintainable in the local jurisdiction of the Magistrate, where the estranged wife ordinarily resides. In this case, Usmin, after her separation from Younes, ordinarily resides in Ramanathapuram District. That may be on account of her job, she was forced to stay at Bangalore. Therefore, the plea of Younes to transfer M.C.No.56/2013 from Chief Judicial Magistrate, Ramanathapuram to any Court in Thiruchengode District cannot be granted, especially, when Usmin has strong objections to it. It is the convenience of estranged wife that has to be looked into, while deciding the transfer application of this nature.

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In the result, this criminal original petition is devoid of merits. Consequently connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar (Records)

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/True Copy/

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https://hcservices.ecourts.gov.in/hcservices/

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Sub Assistant Registrar

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1.The Chief Judicial Magistrate, Ramanathapuram.

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2.The Judicial Magistrate, Thiruchengode.

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- 1 CC TO Mr.J.M.HASANUL BAZARI, ADVOCATE IN SR No. 14244

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- 1 CC TO Mr.M.SUBASH BABU, ADVOCATE IN SR No. 14514

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TE/SKN-RSK : 10/04/2017 : 3P/5C

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Crl.O.P.(MD)No.3211 of 2014 and MP(MD)No.1 of 2014 13.03.2017

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https://hcservices.ecourts.gov.in/hcservices/

M.S. Mohammed Younes v. Usmin

Case brief

What is this about?

What did the court decide?

M.S. Mohammed Younes v. Usmin

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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