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2021 Supreme(Mad) 2771

A.D.JAGADISH CHANDIRA
G. Jayakumar, S/o. Guruswamy – Appellant
Versus
Jayanthi, D/o. Raghu – Respondent


Advocates Appeared:
For the Petitioner: Mr. D. Ravichander.
For the Respondent: Ms. Saradha Devi.

ORDER :

The Criminal Original Petition has been filed by the Petitioner/Respondent, seeking to withdraw the petition in M.C.No.8 of 2014, on the file of the learned Judicial Magistrate No.I, Puducherry and to transfer the same to the file of the learned Family Judge, Puducherry.

2. The Petitioner is the husband and respondent in M.C.No.8 of 2014, filed under Section 12 (1) of the Protection of Women from Domestic Violence Act, 2005 (herein after referred as D.V. Act), pending on the file of the learned Judicial Magistrate No.I, Puducherry.

3. The fact remains that the petitioner/husband had originally filed H.M.O.P.No.25 of 2014, before the learned Subordinate Judge, Villupuram, against his wife seeking divorce, on the ground of wilful desertion and cruelty. Meanwhile, the respondent/wife had filed M.C.No.2 of 2014, on the file of the learned Family Judge, Puducherry, under Section 125 (1) (a) (b) of Cr.P.C., seeking maintenance. While so, at the instance of the wife, for transferring the petition in H.M.O.P.No.25 of 2014, this Court, passed an order dated 11.08.2014 in Tr.C.M.P.No.303 of 2014, transferring H.M.O.P.No.25 of 2014 which is now pending on the file of the learned Subordin

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