The Madurai Bench of the Madras High Court held that Section 24 of the CPC cannot be used to transfer a maintenance case filed under Section 125 CrPC from a Judicial Magistrate to the Family Court, dismissing the transfer petition.
Transfer Civil Miscellaneous Petition dismissed; liberty granted to move the appropriate Court for transfer.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 21.06.2017
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
S.Vijayasarathy ...Petitioner vs.
Dheepa @ Priya ...Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying this Court to withdraw M.C.No.20 of 2014 from the file of Judicial Magistrate No.I, Thanjavur to the file of Family Court at Chennai, wherein H.M.O.P.No.997 of 2014 is pending.
For Petitioner : M/s.S.Vellaichamy For Respondent : M/s.M.Karunanithi
ORDER
The proceedings sought to be transferred is a Maintenance Case in M.C.No.20 of 2014, on the file of learned Judicial Magistrate No.I, Thanjavur, filed under Section 125 of the Code of Criminal Procedure.
2.I am of the prima facie opinion that Section 24 of the Civil Procedure Code cannot be invoked to transfer a proceeding initiated under the Code of Criminal Procedure.
3.Hence the Transfer Civil Miscellaneous Petition is dismissed, with liberty to the Petitioner to move the appropriate Court for transfer. Consequently, connected Miscellaneous Petition is closed. No costs.
Sd/-
ASSISTANT REGISTRAR(P&A)
/TRUE COPY/
SUB ASSISTANT REGISTRA
To
The Judicial Magistrate No.I, Thanjavur.
+1 CC TO MR.S.VELLAICHAMY, ADVOCATE,SR NO.61798 vsn MAS/GT/SAR2:06.07.2017:1P-3C
TR.C.M.P(MD)No.127 of 2015
and M.P(MD)No.1 of 2015 21.06.2017
1 issue framed by the court
Whether Section 24 of the Civil Procedure Code can be invoked to transfer a proceeding initiated under the Code of Criminal Procedure.
2 provisions across 2 enactments
S. Vijayasarathy
Dheepa @ Priya
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
