Allowed¶30

Malliga v. Sampath

Madras HC4 Feb 2025CRL OP/17997/2023

Case brief

AI extract

What is this about?

Section 407 CrPC transfer of pending applications; Madras High Court; Crl.O.P.Nos.17997, 18004 & 18010 of 2023; maintenance arrears recovery applications CMP Nos.1872, 308 and 358 of 2022 in M.C.No.17 of 2014; maintenance Rs.5,000 per month awarded 22.12.2017; transfer from Judicial Magistrate No.I Kallakurichi to Judicial Magistrate Valapadi, Salem District; wife-petitioner residing at Valapadi unable to attend hearings; petitions allowed; connected miscellaneous petitions closed.

What did the court decide?

Withdrawal and transfer of CMP Nos.1872, 308 and 358 of 2022 in M.C.No.17 of 2014 from the file of the Judicial Magistrate No.I, Kallakurichi to the file of the Judicial Magistrate, Valapadi, Salem District; connected miscellaneous petitions closed. ¶30

Malliga Vs Sampath — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether CMP Nos. 1872, 308 and 358 of 2022 in M.C.No.17 of 2014 pending before the Judicial Magistrate No.I, Kallakurichi should be withdrawn and transferred to the Judicial Magistrate Court, Valapadi at Salem.

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Court's answer

The Court acted on the recited facts and circumstances, including that the petitioner now resides within the jurisdiction of Valapadi, Salem District and therefore cannot attend the trial at each and every hearing, as the basis for granting the transfer.

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Ratio / Principle

CMP Nos.1872, 308 and 358 of 2022 in M.C.No.17 of 2014 filed by the petitioner are withdrawn from the file of the Judicial Magistrate No.I, Kallakurichi and transferred to the file of the Judicial Magistrate, Valapadi, Salem District.

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Key takeaways

These Criminal Original Petitions stand allowed, and consequently the connected miscellaneous petitions are closed.ratio¶30

Detailed headnote1 paragraphs

MADRAS HIGH COURT (G.K. ILANTHIRAIYAN, J.), decided 04.02.2025 — Crl.O.P.Nos.17997, 18004 & 18010 of 2023 and Crl.M.P.Nos.11902, 11906 & 11907 of 2023: Allowed. Criminal Original Petitions filed by Malliga (wife of the respondent Sampath) under Section 407 of the Code of Criminal Procedure seeking withdrawal and transfer of CMP Nos.1872, 308 and 358 of 2022 in M.C.No.17 of 2014 — applications to recover arrears of maintenance of Rs.5,000/- per month awarded by order dated 22.12.2017 payable by the respondent — from the file of the Judicial Magistrate No.I, Kallakurichi to the file of the Judicial Magistrate, Valapadi, Salem District. Transfer granted on the stated ground that the petitioner now resides within the jurisdiction of Valapadi, Salem District and cannot attend the trial at each hearing; connected miscellaneous petitions closed.

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Crl.O.P.Nos. 17997, 18004 & 18010 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.02.2025

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CORAM

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THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.Nos.17997, 18004 & 18010 of 2023 and Crl.M.P.Nos.11902, 11906 & 11907 of 2023

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Malliga

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.... Petitioner in all Crl.O.Ps

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Sampath

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.... Respondent in all Crl.O.Ps

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Prayer : Criminal Original Petitions are filed under Section 407 of the Code of Criminal Procedure, to withdraw and transfer the CMP Nos. 1872, 308 and 358 of 2022 in M.C.No.17 of 2014 on the file of the Judicial Magistrate No.I, Kallakurichi to the Judicial Magistrate Court, Valapadi at Salem.

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For Petitioner (in all Crl.O.Ps) : Mr.S.P.Yuvaraj

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ORDER

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These Criminal Original Petitions have been filed for transfer

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of applications filed by the petitioner in CMP Nos.1872, 308 and 358 of 2022 in M.C.No.17 of 2014 from the file of the Judicial Magistrate No.I, Kallakurichi to the file of the Judicial Magistrate, Valapadi, Salem District.

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

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1/4

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Crl.O.P.Nos. 17997, 18004 & 18010 of 2023

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2. Heard the learned counsel appearing for the petitioner and

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perused the materials available on record.

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3. The petitioner is the wife of the respondent herein. They

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got married on 12.12.1984 and due to misunderstandings, they got separated. Thereafter, the petitioner was unable to maintain herself and as such, she filed a petition in M.C.No.17 of 2014 on the file of the Judicial Magistrate No.I, Kallakurichi. By an order dated 22.12.2017, she was ordered maintenance of Rs.5,000/- per month payable by the respondent. However, the respondent failed to pay the amount and as such, the petitioner filed an application to recover the arrears of the maintenance amount. Now, the petitioner is residing within the jurisdiction of Valapadi, Salem District and therefore, the petitioner could not able to attend the trial for each and every hearing.

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4. In view of the above facts and circumstances of the case,

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CMP Nos.1872, 308 and 358 of 2022 in M.C.No.17 of 2014, filed by the petitioner, are hereby withdrawn from the file of the Judicial Magistrate No.I, Kallakurichi and the same are transferred to the file of the Judicial Magistrate, Valapadi, Salem District.

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

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2/4

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Crl.O.P.Nos. 17997, 18004 & 18010 of 2023

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5. In the result, these Criminal Original Petitions stand

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allowed. Consequently, connected miscellaneous petitions are closed.

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04.02.2025