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2014 DIGILAW 2925 (MAD)

R. Murugalakshmi v. J. Selvakumar

2014-08-27

R.KARUPPIAH

body2014
Judgment : 1. This Transfer Petition is filed to transfer the case pending in H.M.O.P.No.127 of 2013 on the file of the Subordinate Judge, Sivagangai to the file of Subordinate Court, Virudhunagar or to any other competent court within Virudhunagar District. 2. Heard the submissions made by the learned counsel for the Petitioner as well as the learned counsel for the respondent and perused the materials available on record. 3. The learned counsel for the Petitioner submitted that the Petitioner is residing at Soolakarai, Virudhunagar District along with her parents and also the Petitioner has filed Cr.M.P.No.1081 of 2012 for maintenance and it is pending before the Judicial Magistrate No.II, Virudhunagar. The Petitioner has also filed a complaint against the respondent for dowry harassment and the above said case in C.C.No.197 of 2005 is also pending on the file of Judicial Magistrate No.II, Virudhunagar. In the above said circumstances, the respondent herein filed H.M.O.P.No.127 of 2013 after several years. The learned counsel further submitted that since the Petitioner is unable to attend the Court and also engage a counsel in the above said proceedings and therefore prayed for to transfer the case. 4. The learned counsel for the respondent submitted that the above said C.C.No.197 of 2005 is in arguments stage and if the case is transferred, the respondent will be put to hardship and therefore the learned counsel for the respondent objected to transfer the case. The learned counsel for the respondent further submitted that another Criminal case is pending before the Judicial Magistrate, Manamaduai. The learned counsel for the Petitioner submitted that the above said case is already transferred to Judicial Magistrate, Virudhunagar. 5. Considering all the above said facts, this Court is of the view that H.M.O.P.No.127 of 2013 on the file of Subordinate Court, Sivagangai is to be transferred to Subordinate Court, Virudhunagar. 6. In the result, the H.M.O.P.No.127 of 2013 on the file of the Subordinate Judge, Sivagangai is ordered to be transferred to the file of Subordinate Court, Virudhunagar for disposal in accordance with law. The Transfer Petition is ordered accordingly. consequently, connected Miscellaneous petition is closed. No costs.