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2011 DIGILAW 4765 (MAD)

Selin Raja alias Maria Selin Raj v. Lawrence alias Lawrence Antonia

2011-12-09

K.VENKATARAMAN

body2011
ORDER 1. Even though the respondent has been served and the name of the respondent appears in the cause list, the respondent has not chosen to appear before this Court either in person or through a pleader. Hence, the matter is decided on merits. 2. The petitioner husband has come up with the present transfer petition against his wife, the respondent herein, for transfer of D.V. No. 2587 of 2011, which is pending on the file of X Metropolitan Magistrate, Egmore, to the file of III Additional Judge, Family Court, Chennai, to be tried along with O.P. Nos. 93 of 2011 and 603 of 2011. 3. To contradict the reason set out in the affidavit, no counter affidavit has been filed on behalf of the respondent. As stated already, the respondent is not present before this Court. 4. That apart, Section 26 of The Protection of Women from Domestic Violence Act, 2005, gives ample power to the Family Court to deal with the proceedings initiated by the wife under the Domestic Violence Act. 5. In view of the above stated position, I am of the considered view that the request of the petitioner has to be acceded to. 6. The learned X Metropolitan Magistrate, Egmore is directed to transmit all the papers pertaining to D.V. No. 2587 of 2011 to the file of the learned III Additional Judge, Family Court, Chennai, immediately, after receipt of a copy of this order. 7. Accordingly, the Transfer Civil Miscellaneous Petition is ordered. No costs. Consequently, the connected miscellaneous petition is closed. Ordered accordingly.