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

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6107 of 2022 and Crl.M.P.Nos.3409 and 3412 of 2022

1. S.Sriju

2. S.Sathyabama ... Petitioners Vs B.Vijayabanu ... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., praying to permit the petitioner to withdraw the case in D.V.C.No.13 of 2021 on the file of the learned Judicial Magistrate, Paramathy, Namakkal District and transfer the same before the learned Family Judge, Coimbatore, for a joint trial along with H.M.O.P.No.1517 of 2021.

For Petitioners : Mr.V.Vijayakumar For Respondent : Mr.M.K.Bhoopathy Rajan

ORDER

This Criminal Original Petition has been filed seeking direction to permit the petitioners to withdraw the case in D.V.C.No.13 of 2021 on the file of the learned Judicial Magistrate, Paramathy, Namakkal District and transfer the same to the file of the learned Family Judge, Coimbatore, for a joint trial along with H.M.O.P.No.1517 of 2021.

2. The petitioners are the respondents in the complaint lodged by the respondent by the Protection of Women from Domestic Violence Act, 2005. The first petitioner and the respondent are the husband and wife and they got married, and due to misunderstanding, they are living separately. The first petitioner filed a petition for divorce in H.M.O.P.No.1517 of 2021 on the file of the Principal Family Court, Coimbatore.

3. While pending the divorce petition, the respondent filed a petition for transfer in Tr.C.M.P.No.835 of 2021 and this Court allowed the same by order dated 06.04.2022. Thereafter, the case in H.M.O.P.No.1517 of 2021 was transferred to the file of the Sub Court, Namakkal and it is pending for trial. The respondent filed the Domestic Violence complaint before the Judicial Magistrate, Paramathi, Namakkal District in DVC.No.13 of 2021. Therefore, by combining both the cases, the parties would attend their proceedings in the same place, viz., Namakkal.

4. Considering the facts and circumstances of the case, the Domestic Violence Complaint in DVC.No.13 on the file of the Judicial Magistrate, Paramathi, Namakkal District is hereby withdrawn and the same shall stand transferred to the file of Judicial Magistrate No.1, Namakkal. On receipt of the entire bundle, the Judicial Magistrate No.1, Namakkal is directed to dispose of the case in DVC.No.13 of 2021 within a period of three months from the date of receipt of a copy of this order.

5. Accordingly, this Criminal Original Petition is allowed.

Consequently, the connected Miscellaneous Petitions are closed.

06.09.2022 Index:Yes/No Speaking/Non speaking order kv G.K.ILANTHIRAIYAN. J, kv To

1. The Judicial Magistrate No.1, Namakkal.

2. The Judicial Magistrate, Paramathi, Nmakkal District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6107 of 2022

06.09.2022