IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.09.2022 CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.17507 of 2022 &

Crl.M.P.No.10882 of 2022

1.Prakathi

2.Gandhimathi

3.Nammaalvaar ... Petitioners Vs.

V.Vedavalli ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. to withdraw the case in from in D.V.A.No.173 of 2021 on the file of Special Court for Trial of Domestic Violence Act Cases, Coimbatore and transfer the Additional Mahila Court (JM Level), Theni or any other Court in Theni District with a direction to complete the trial with in the period that may be stipulated.

For Petitioners : Mr.S.Ponmozhi For Respondent : Mr.C.D.Sugumar

O R D E R

This Criminal Original Petition petition has been filed to withdraw the case in D.V.A.No.173 of 2021 on the file of Special Court for Trial of Domestic Violence Act Cases, Coimbatore and transfer the same to Additional Mahila Court (JM Level), Theni .

2. The respondent has filed a complaint under Section Domestic Violence Act in D.V.A. No.173 of 2021 on the file of Special Court for Trial of Domestic Violence Act Cases, Coimbatore as against the petitioners. The 1^st petitioner is none other than the daughter-in-law of the respondent and the 2^nd & 3^rd petitioners are parents of the 1^st petitioner herein. The 1^st petitioner and her husband got married on 25.02.2021. However, they got separated and her husband filed a petition for divorce in HMOP.No.369 of 2022 on the file of the Family Court, Coimbatore. The 1^st petitioner approached Madurai Bench of this Court in TR CMP (MD) No.328 of 2022 and the same was allowed and the divorce petitioner filed by her husband was transferred to the file of the Family Court, Theni. Subsequently, she also filed a petition in HMOP.No.814 of 2022 for Restitution of Conjugal Rights before the Family Court, Theni. It is very unfortunate that the respondent being the mother-in-law of the 1^st petitioner herein filed a complaint under Section Domestic Violence Act as against not only her daughter-in-law/1^st petitioner and also as against her parents Viz., 2^nd and 3^rd petitioner herein. The 2^nd petitioner is a teacher and she is working in Theni.

3. Considering the above facts and circumstances of the case, this Criminal Original petition is allowed, thereby D.V.A.No.173 of 2021 is withdrawn from the file of the Special Court for Trial of Domestic Violence Act Cases, Coimbatore and transferred to the file of learned Judicial Magistrate, Additional Mahila Court, Theni. Consequently, connected miscellaneous petition is closed.

06.09.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order rgm/mpl To, 1.The Judicial Magistrate, Additional Mahila Court, Theni.

G.K.ILANTHIRAIYAN, J.

rgm/mpl &

Crl.M.P.No.10882 of 2022

06.09.2022