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2021 Supreme(Online)(MAD) 48530

HIGH COURT OF MADRAS
Hon`ble Mr Justice R. SUBRAMANIAN
K.GOKULKUMAR – Appellant
Versus
C.JAYASANGEETHA – Respondent


C O M M O N O R D E R

Transfer CMP.No.639 of 2021 has been filed by the husband seeking to withdraw HMOP.No.3478 of 2021 filed by the wife on the file of the Family Court, Chennai to the Family Court, Erode.

2.Tr.CMP.No.650 of 2021 has been filed by the wife seeking transfer of domestic violence case in DVA.No.14 of 2020 on the file of the Judicial Magistrate, Mettupalayam to the I-Additional Family court, Chennai to be tried along with HMOP.No.3478 of 2021.

3.Tr.CMP.No.651 of 2021 has been filed by the wife seeking transfer of FCOP.No.200 of 2020 on the file of the Family Court, Erode to the I-Additional Family Court, Chennai to be tried along with HMOP.No.3478 of 2021.

4.It is not in dispute that the husband is a resident of Erode as of today. It is also not in dispute that the wife lives in United States. The proceeding in DVA.No.14 of 2020 is pending before a Judicial Magistrate Court, which is a special Court authorized to try offences under the Protection of Women from Domestic Violence Act. The proceeding which is under a special enactment cannot be transferred to be tried along with HMOPs. Hence, Tr.CMP.No.650 of 2021 is dismissed.

5.As regards the proceedings under the Hindu Ma

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