Dismissed

Malathi v. K.M. Parvathi

Madras HC14 Feb 2018CRL OP(MD)/14089/2014

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a petition for transfer of a Domestic Violence Act case from Trichy to Thanjavur. The court held that transferring the case would cause inconvenience to the respondent residing in Trichy. However, petitioners' personal appearance was dispensed with, and the original Magistrate was directed to dispose of the pending 2012 case within four months.

What did the court decide?

Petitioners exempted from personal appearance; Respondent not required to appear; Magistrate directed to dispose case within 4 months.

Malathi Vs K.M. Parvathi — Civil Procedure and Limitation | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.02.2018 CORAM:

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THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM

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CRL.O.P.(MD)No.14089 of 2014 and M.P.(MD) No.1 of 2014

1.Malathi

2.Usha

... Petitioners

-Vs-

K.M.Parvathi ... Respondent

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PRAYER: Criminal Original petition filed under Section 407 of Criminal Procedure Code, to withdraw the case in M.C.No.7 of 2012, on the file of the learned Judicial Magistrate No.IV, Trichy, and to transfer the same to any learned Judicial Magistrate at Thanjavur.

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For Petitioners : Mr.S.Chellapandian For Respondent : Mr.A.N.Ramanathan

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This Criminal Original petition has been filed by the petitioners, to transfer the case in M.C.No.7 of 2012, from the file of the learned Judicial Magistrate No.IV, Trichy, to transfer to any of the Judicial Magistrates at Thanjavur District.

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2.The learned counsel appearing for the petitioners has submitted that the respondent herein has filed M.C.No.7 of 2012, under the Domestic Violence Act. He further submitted that the petitioners herein are sisters of the respondent's husband and the respondent's husband is working in abroad and the Domestic Violence Act will not attract for the petitioners. He further submitted that the petitioners are diabetic persons and they are not able to travel to Trichy for every hearing and therefore, the case in M.C.No.7 of 2012 may be transferred to any of the learned Judicial Magistrate at Thanjavur District.

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3.The learned counsel appearing for the respondent has submitted that the respondent is having two children and she is residing in Trichy town and if the aforesaid case is transferred to Thanjavur, that would cause hardship to her to travel to Thanjavur and hence, he opposed the contention of the learned counsel for the petitioners.

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https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the aforesaid submissions, the respondent is having two children and she is residing in Trichy District and if

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the aforesaid case is transferred to Thanjavur, it would cause inconvenience to her and therefore, this Criminal Original Petition is liable to be dismissed.

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5.In the result, this Criminal Original Petition is dismissed. However, taking into consideration, the representation made by the learned counsel for the petitioners that the petitioners are also woman and they are diabetic persons, their personal appearance before the Trial Court is dispensed with, unless their appearance is ordered by the concerned learned Judicial Magistrate.

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6.Considering the fact that the above case is pending from the year 2012, the concerned learned Judicial Magistrate is directed to dispose of the aforesaid case within a period of four months from the date of receipt of copy of this order. Consequently, connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(CS-III)

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/True Copy/

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Sub Assistant Registrar

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1.The Judicial Magistrate No.IV, Trichy.

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2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1cc to M/S.A.N.Ramanathan, Advocate SR.No. 48803

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CRL.O.P.(MD)No.14089 of 2014

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14.02.2018

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JM/SKN RSK/SAR 4/15.03.2018/2P/4C

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

Malathi v. K.M. Parvathi

Case brief

What is this about?

What did the court decide?

Malathi v. K.M. Parvathi

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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