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2025 Supreme(Online)(Mad) 30169
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J
Dr.S.Priyadarshini – Appellant
Versus
Dr.K.Arun Shanmuga Prasath – Respondent
Crl.O.P.No.31825 of 2024 | Crl.M.P.No.18122 of 2024
For the Appellants/Petitioners: M/s.K.Sumathi
For the Respondents: Mr.S.Madhu Sudanan
The court may transfer maintenance cases to appropriate family courts to facilitate simultaneous adjudication of related matters.
Headnote:This Criminal Original Petition seeks to transfer M.C.No.3 of 2023 from the Judicial Magistrate Court to the Family Court in Chennai. The petitioners, wife and son of the respondent, are currently residing in Chennai, following the transfer of their matrimonial O.P. This Court found it appropriate to allow the transfer for a simultaneous trial of related cases. The case in question has been ordered to be transferred to the Family Court, Chennai.
| Table of Content |
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| 1. transfer of maintenance case for simultaneous proceedings. (Para 1 , 2) |
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.31825 of 2024 and Crl.M.P.No.18122 of 2024
1. Dr.S.Priyadarshini
2. Master Nilan.A ... Petitioners Vs.
Dr.K.Arun Shanmuga Prasath ... Respondent Prayer: Criminal Original Petition filed under Section 447 of B.N.S.S. to withdraw the case pending in M.C.No.3 of 2023 from the file of the Judicial Magistrate Court, Sriperumbudur, Kanchipuram District and transfer the same to the file of the Family Court, Chennai.
For Petitioners : M/s.K.Sumathi For Respondent : Mr.S.Madhu Sudanan
ORDER
This Criminal Original Petition has been filed by the petitioners to withdraw the case pending in M.C.No.3 of 2023 from the file of the Judicial Magistrate Court, Sriperumbudur, Kanchipuram District and transfer the same to the file of the Family Court, Chennai.
2. The learned counsel for the petitioners submitted that the petitioners are the wife and son of the respondent herein. After the filing of the maintenance case in M.C.No.3 of 2023 before the Judicial Magistrate Court, Sriperumbudur, Kanchipuram District, the 1st petitioner has come to Chennai along with her son/2nd petitioner and residing with her parents at Mylapore, Chennai. Further, the matrimonial O.P. which was pending before the Kanchipuram Court, has also been transfered to the Principal Family Court, Chennai and the same is pending. Therefore, the maintenance case may also be trasferred to the Family Court, Chennai.
3. Heard both sides and perused the materials available on record.
4. It is seen that the matrimonial Original Petition in O.P.No.411 of
2022 has already been withdrawan from the file of the Sub Court, Kanchipuram and transfered to the Principal Family Court, Chennai and re-
numbered as O.P.No.50 of 2025. Now the petitioners who are the wife and son of the respondent are residing in Chennai.
5. Hence, the maintenance case in M.C.No.3 of 2023 on the file of the Judicial Magistrate Court, Sriperumbudur, Kanchipuram District is withdrawan and transfered to the Principal Family Court, Chennai where the matrimonial Original Petition in O.P.No.50 of 2025 is pending.
6. The Judge, Family Court, Chennai is directed to conduct joint trial/
simultaneous trial which is suitable for the case and dispose both the cases simultaneously in accordance with law.
7. With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.
