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2014 DIGILAW 4190 (MAD)

Manishvary v. Murugesan

2014-11-11

P.DEVADASS

body2014
Judgment : The wife and children, namely, the petitioners 1 to 3 came forward with this petition under Section 407 Cr.P.C for transfer of their maintenance case in M.C.No.4 of 2013 pending on the file of the learned Judicial Magistrate's Court, Natham to the Court of Judicial Magistrate, Theni. 2. On 25.08.2003, respondent Murugesan married the first petitioner Manishvary. Then, they did not know, one day they will become unhappy couples. As usual, the spouses spent their happiest moments of their life. They were blessed with two children. But actually, the children are not blessed. Because their parents are fighting tooth and nail. The love that has blossomed between the spouses on 25.08.2003 did not longlast. Manishvary/first petitioner felt that her husband is having liking towards another lady also. Naturally, no lady will like this. Naturally there will be quarrel between the spouses. 3. Under the circumstances, the petitioners have filed M.C.No.4 of 2013 in the Court of Judicial Magistrate, Natham in Dindigul District under Section 125(1) Cr.P.C., claiming maintenance. Respondent filed counter. 4. Till date, neither the husband nor the wife has entered the witness box in the Court of Judicial Magistrate, Natham. In the circumstances, Manishvary, has no other go than to her parents' house along with her children situate in Mariamman Kovil street in Theni. Now the wife and children are in Theni while the respondent is in Natham. Now, the petitioners want that their maintenance case be transferred to the Court of Judicial Magistrate, Theni, so that they can prosecute the maintenance case conveniently without undergoing hardship and financial crisis. 5. According to the learned counsel for the petitioners, the distance between Natham and Theni is about 77 kilometres. They have to take a circuitous route also. Already the petitioners are suffering from want of wherewithal. 6. On the other hand, it has been contended by the learned counsel for the respondent that it is a ploy of the petitioners to harass the respondent. Petitioners are financially sound to face the case at Natham itself. In fact, much inconvenience and prejudice will be caused to the respondent, if he is asked to go to a Court in Theni. Therefore, the transfer asked for, may not be considered. 7. I have anxiously considered the rival submissions and perused the materials on record. 8. Petitioners are financially sound to face the case at Natham itself. In fact, much inconvenience and prejudice will be caused to the respondent, if he is asked to go to a Court in Theni. Therefore, the transfer asked for, may not be considered. 7. I have anxiously considered the rival submissions and perused the materials on record. 8. The idea behind inserting Section 125(1) in the Code of Criminal Procedure is to provide a quick and summary remedy to the wives, parents and children. Section 125(1) Cr.P.C is intended to prevent vagrancy among them. Crux of Section 125(1) Cr.P.C is if husbands, parents in spite of having means failed and neglected to maintain the wife and children, the affected should be given quick remedy. The enquiry contemplated under Section 125(1) Cr.P.C is a summary enquiry. Of course, it is being conducted in the Magistrate's Court like a difficult Sessions case, like a most complicated civil suit. The wife and children are being dragged into Court. The result is large number of maintenance cases are pending without much progress in the Magistrate's Court and Family Courts. Thus, the purpose of including Section 125(1) in Cr.P.C itself is thwarted. 9. The fight in a maintenance case should never be between unequal persons. Both the husband and wife should be placed on equal platform. Now, in this case, respondent an agriculturist lives in Natham in Dindigul District. The petitioners have filed their maintenance case in M.C.No.4 of 2013 before the learned Judicial Magistrate's Court, Natham. Inasmuch as the petitioners have nobody to support them in Natham, they have to go back to her parental home in Theni. They are depending upon others for their sustenance. In such circumstances, to conduct the maintenance case, she has to travel nearly 77 kilometres from Theni to Natham, when especially she is in financial crisis. 10. Transfer can be negatived if the husband establishes that if he goes to their place, there is danger to his life and limb. But, no such thing in the instant case. Further, there is no any desirable evil design in their plea for transfer. 11. In the circumstances, their plea for transfer is understandable and acceptable. 12. In view of the foregoings, this Criminal Original Petition is allowed. But, no such thing in the instant case. Further, there is no any desirable evil design in their plea for transfer. 11. In the circumstances, their plea for transfer is understandable and acceptable. 12. In view of the foregoings, this Criminal Original Petition is allowed. The maintenance case in M.C.No.4 of 2013, is transferred from the file of learned Judicial Magistrate, Natham, to the file of the learned Judicial Magistrate, Theni. Now that the respondent has already filed his counter in the maintenance case, the learned Judicial Magistrate, Theni, will dispose of this maintenance case quickly, according to law at an early date, preferably within three months from the date of receipt of case records from the Court of Judicial Magistrate, Natham. Consequently, connected miscellaneous petition is closed.