Allowed

D.Indira v. R.Dinakaran

Madras HC1 Jun 2023CRL OP/12259/2023

Case brief

AI extract

What is this about?

Petitioner filed an O.P. under Section 482 Cr.P.C. to transfer a pending maintenance case from Madhavaram Family Court to Chennai due to court vacancy. The High Court dismissed the transfer petition but directed the Magistrate to dispose of the case within four weeks.

What did the court decide?

Petition regarding transfer dismissed; Magistrate directed to dispose of C.M.P.208/2020 within four weeks.

D.Indira Vs R.Dinakaran — Service and Employment | Madras HC (2023)

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Crl.O.P.No.12259 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01.06.2023

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CORAM

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THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

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Crl.O.P.No.12259 of 2023

D.Indira

... Petitioner

Vs.

R.Dinakaran ... Respondent

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PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to withdraw and transfer the C.M.P.No.208 of 2020 in M.C.No.12 of 2005 pending on the file of the District Munsif Cum Judicial Magistrate Court at Madhavaram, Thiruvallur District with entire case records and unnumbered petitions to the Family Court at Chenai.

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For Petitioner : M/s. S.B.Priyadarshini

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ORDER

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This Criminal Original Petition has been filed to withdraw and transfer

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the C.M.P.No.208 of 2020 in M.C.No.12 of 2005 pending on the file of the District Munsif Cum Judicial Magistrate Court at Madhavaram, Thiruvallur District with entire case records and unnumbered petitions to the Family Court at Chenai.

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Crl.O.P.No.12259 of 2023

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The learned counsel for the petitioner submitted that petitioner filed C.M.P.No.208 of 2020 in M.C.No.12 of 2005 on the file of the District Munsif cum Judicial Magistrate Court at Madhavaram for enhancing the maintenance amount from Rs.2,500/- per month to Rs.10,000/- p.m., and other petition for attachment of salary. She further submitted that, there is no regular Presiding Officer in the District Munsif cum Judicial Magistrate Court at Madhavaram and the Court is vacant for long days. As a result, C.M.P.No.208 of 2020 is kept pending without any progress. Therefore, present petition is filed for transfer the C.M.P.No.208 of 2020 from the file of District Munsif cum Judicial Magistrate Court at Madhavaram to the Family Court at Chennai.

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Heard the learned counsel for the petitioner and perused the records.

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The present petition seeking for transfer of C.M.P.No.208 of 2020, for the reason that, there is no regular Presiding Officer cannot be entertained. However, this Court directs the incharge Magistrate, who is placed as full additional charge of learned District Munsif cum Judicial Magistrate Court at Madhavaram to dispose the C.M.P.No.208 of 2020 as expeditiously as possible, preferably within a period of four weeks from the date of receipt of copy of the order.

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Crl.O.P.No.12259 of 2023

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With the above direction, this Criminal Original Petition is disposed

of.

01.06.2023

sma

To,

District Munsif cum Judicial Magistrate Court, Madhavaram

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Crl.O.P.No.12259 of 2023

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G.CHANDRASEKHARAN, J.

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s ma

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Crl.O.P.No.12259 of 2023

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01.06.2023

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D.Indira v. R.Dinakaran

Case brief

What is this about?

What did the court decide?

D.Indira v. R.Dinakaran

Case brief

What is this about?

What did the court decide?

What the court decided

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