Dismissed¶27

Alan Avinash v. Shruthi

Madras HC12 Feb 2025CRL OP/16820/2023

Case brief

AI extract

What is this about?

Madras High Court, single judge (G.K. Ilanthiraiyan), 12.02.2025. Crl.O.P.No.16820 of 2023 (with Crl.M.P.Nos.10823 and 10824 of 2023). Alan Avinash (husband/petitioner) vs Shruthi (wife/respondent). Section 407 CrPC transfer petition seeking shift of maintenance case M.C.No.17 of 2023 from Judicial Magistrate Court, Paramakudi to Family Court, Chennai. Dismissed: respondent resides within Paramakudi jurisdiction; husband duty bound to maintain wife; transfer sought on whims and fancies; no case for transfer made out. No precedents cited; no monetary quantum involved.

What did the court decide?

The petitioner-husband is duty bound to maintain his wife and cannot seek transfer of the court according to his whims and fancies. ¶26

Alan Avinash Vs Shruthi — Madras HC (2025) — LawSathi Research

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Crl.O.P.No.16820 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.02.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.16820 of 2023 and Crl.M.P.Nos.10823 and 10824 of 2023

Alan Avinash

... Petitioner

Shruthi

... Respondent

PRAYER: Criminal Original Petition is filed under Section 407 of Criminal Procedure Code, to direct withdrawal of M.C.No.17 of 2023 on the file of Judicial Magistrate Court at Paramakudi and transfer the same to Family Court at Chennai.

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For Petitioner : Mr.P.K.Srinivasan

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For Respondent : Mr.G.Ashok Kumar

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ORDER

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This petition has been filed to withdraw the case in M.C.No.17 of

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2023 on the file of Judicial Magistrate Court at Paramakudi and transfer the same to Family Court at Chennai.

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Heard the learned counsel on either side and perused the materials

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placed on record.

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.16820 of 2023

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The petitioner is the husband of the respondent. They got married

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on 03.06.2022. Thereafter, they got separated and the respondent could not able

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to maintain herself. Therefore, the respondent filed a petition seeking maintenance in M.C.No.17 of 2023 on the file of Judicial Magistrate Court at Paramakudi. Now, the petitioner sought for transfer of the said maintenance case to the file of the Family Court, Chennai.

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4. The petitioner, being the husband of the respondent, is duty bound to maintain his wife and he cannot seek for transfer of Court according to his whims and fancies. The respondent is residing within the jurisdiction of Paramakudi and filed a petition seeking maintenance on the file of the Judicial Magistrate Court at Paramakudi. Therefore, the petitioner failed to make out a case for transfer of M.C.No.17 of 2023 on the file of Judicial Magistrate Court at Paramakudi to the Family Court at Chennai.

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5 . Accordingly, this Criminal Original Petition is dismissed.

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Consequently, connected Miscellaneous petitions are closed.

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12.02.2025

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Internet:Yes Index:Yes/No Speaking/Non speaking order mn

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis