Allowed

Umeshnathan v. R.Meenakshi

Madras HC1 Feb 2018CRL OP(MD)/12327/2015

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a petition to withdraw a maintenance case filed under Section 125 Cr.P.C. from the Chief Judicial Magistrate, Tiruchirapalli, and transfer it to the Family Court, Tiruchirapalli, invoking Section 8(b) of the Family Courts Act.

What did the court decide?

The case M.C.No.194 of 2013 was withdrawn from the Chief Judicial Magistrate and transferred to the Family Court, Tiruchirapalli, to be disposed of within three months.

Umeshnathan Vs R.Meenakshi — Maintenance and Alimony | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.02.2018

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CORAM

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THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM

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Crl.O.P.(MD) No.12327 of 2015 and M.P.(MD).No.1 of 2015 and Crl.M.P.(MD)No.11074 of 2017

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Umeshnathan ... Petitioner

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-Vs-

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1.R.Meenakshi

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2.Minor.Vaseekaran ... Respondents (Represented by Mother and Guardian Meenakshi, 1^st Respondent herein,)

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Prayer: Criminal Original petition filed under Section 407(1)(c)(ii) of Code of Criminal Procedure, to withdraw and transfer the case in M.C.No.194 of 2013 pending on the file of the Learned Chief Judicial Magistrate at Tiruchirapalli to the Family Court at Tiruchirapalli.

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For Petitioner : Mr.N.Sivasubramani For Respondents : Mrs.T.Banumathy

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ORDER

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The Criminal Original Petition has been filed to withdraw and transfer the case in M.C.No.194 of 2013 pending on the file of the Learned Chief Judicial Magistrate at Tiruchirapalli to the Family Court at Tiruchirapalli.

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2.The learned counsel appearing for the petitioner has submitted that as per Section 8 (b) of the Family Courts Act, after establishment of the Family Court for any area, no Magistrate shall in relation to such area have or exercise in any jurisdiction or powers under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) and hence, the above said maintenance case has to be transferred to the Family Court, Trichy.

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3.The learned Counsel appearing for the respondents has fairly conceded about the aforesaid legal position. Further, he has submitted that he has no objection for transferring the above maintenance case to the Family Court, Trichy.

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

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4.In Section 8 (b) of the Family Courts Act, it is specifically stated that where a Family Court has been established for any area, no Magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974).

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5.Admittedly, M.C.No.194 of 2013 has been filed under Section 125 of Cr.P.C. seeking maintenance. The said section comes under chapter IX of Cr.P.C. Therefore, in view of the section 8(b) of the Family Courts Act, the Chief Judicial Magistrate, Trichy is not having jurisdiction to enquire with regard to the maintenance cases, which are filed under Section 125 of Cr.P.C. Therefore, the case in M.C.No.194 of 2013 has to be transferred to the Family Court, Trichy.

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6.In the result, this petition is allowed. The case in M.C.No.194 of 2013 is withdrawn from the learned Chief Judicial Magistrate at Trichy and transferred to the Family Court, Trichy, for disposal in accordance with law. Taking into consideration, the above maintenance case is pending from the year 2013, the learned judge for the family Court, Trichy is directed to dispose of the above case within a period of a three months from the date of receipt of a copy of this order. Consequently, M.P.(MD).No.1 of 2015 and Crl.M.P.(MD)No.11074 of 2017 are closed.

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Sd/-

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Assistant Registrar(AS)

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/True Copy/

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Sub Assistant Registrar

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1.The Chief Judicial Magistrate, Tiruchirapalli.

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2.The Judge, Family Court, Tiruchirapalli.

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+1cc to M/S.R.Narayanan, Advocate SR.No. 45818

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Crl.O.P.(MD) No.12327 of 2015 and M.P.(MD).No.1 of 2015 and Crl.M.P.(MD)No.11074 of 2017 01.02.2018

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CP/VSG

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https://hcservices.ecourts.gov.in/hcservices/ JM/SKN RSK/SAR 4/09.03.2018/2P/4C

Umeshnathan v. R.Meenakshi

Case brief

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Umeshnathan v. R.Meenakshi

Case brief

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