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2023 DIGILAW 2490 (MAD)

B. Uma Maheswari v. G. Elangovan

2023-07-20

V.BHAVANI SUBBAROYAN

body2023
JUDGMENT (Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to order withdrawal of DVC.No.176 of 2017 from the Additional Mahila Court, Egmore, Chennai - –600 008, and transfer the same to II Additional Family Court at Chennai.) This Transfer Civil Miscellaneous Petition has been filed to withdraw DVC.No.176 of 2017 on the file of the Additional Mahila Court, Egmore, Chennai and transfer the same to the file of II Additional Family Court at Chennai. 2. The brief facts of the case is that the petitioner is the complainant in D.V.C.No.176 of 2017. The said DVC was filed on 23.03.2017 by the petitioner before the Metropolitan Magistrate Court, Egmore against the first respondent and his family. Then, the said D.V.C, had been transferred to the Additional Mahila Court, Egmore, Chennai. The Additional Mahila Court, Egmore in C.M.P.No.2774 of 2017 had directed the first respondent to pay maintenance of Rs.4,000/~ per month to the petitioner and her daughter. Aggrieved by the same, the first respondent had obtained interim stay in Criminal Appeal No.183 of 2018. After contesting, the petitioner had got an order in her favour. Against the same, the first respondent had approached the Madras High Court in Crl.R.C.No.866 of 2019. Thereafter, the first respondent had filed a Divorce Petition in H.M.O.P.No.4589 of 2015, both the cases were pending disposal before the learned II Additional Family Court, Chennai. 3. Learned counsel for the petitioner seeks withdrawal of DVC.No.176 of 2017 on the file of the Additional Mahila Court, Egmore, Chennai and transfer the same to the file of II Additional Family Court at Chennai. 4. In a Full Bench judgment of this Court, in the case of Arul Daniel & Others vs. Suganya & Others reported in CDJ 2022 MHC 8250, wherein it has held as follows: “...The power of transfer postulates that the Court to which transfer or withdrawal is sought, is competent to exercise jurisdiction over the case. No power has been vested with the Family Court, either under the D.V.Act or the Family Courts Act, 1984, to entertain an application under Section 12 of the D.V.Act. Similarly, no power has been vested with the Civil Court to entertain an application under Section 12 of the D.V.Act. No power has been vested with the Family Court, either under the D.V.Act or the Family Courts Act, 1984, to entertain an application under Section 12 of the D.V.Act. Similarly, no power has been vested with the Civil Court to entertain an application under Section 12 of the D.V.Act. An application under Section 12 of the D.V.Act cannot be transferred from the Court of the Magistrate, designated under Section 27 of the D.V.Act, to the Family Court of the Civil Court.” 5. Considering the facts and circumstance of the case and in view of the judgment stated supra, this Court is of the view that the transfer civil miscellaneous petition is not maintainable and this Court is not inclined to transfer the said D.V. case 6. In the result, this Transfer Civil Miscellaneous Petition is dismissed as not maintainable. No costs. Consequently, the connected miscellaneous petition is closed.