Madras High Court
B.Uma Maheswari vs G.Elangovan on 20 July, 2023
TR.CMP.No.430 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2023
CORAM:
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
TR.CMP.No.430 of 2023
and C.M.P.No.9566 of 2023
B.Uma Maheswari ... Petitioner
Vs.
1.G.Elangovan
2.Govindasamy
3.Jaya
4.Ilavarasi ... Respondents
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
the Civil Procedure Code, to order withdrawal of DVC.No.176 of 2017
from the Additional Mahila Court, Egmore, Chennai – 600 008, and
transfer the same to II Additional Family Court at Chennai.
For Petitioner : Mr.S.Shujath
For Respondents : Ms.S.Vasavi Sridevi
for Mr.N.Palanikumar
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1/6
TR.CMP.No.430 of 2023
ORDER
This Transfer Civil Miscellaneous Petition has been filed to
withdraw DVC.No.176 of 2017 on the file of the Additional Mahila
Court, Egmore, Chennai and transfer the same to the file of II Additional
Family Court at Chennai.
2.The brief facts of the case is that the petitioner is the complainant
in D.V.C.No.176 of 2017. The said DVC was filed on 23.03.2017 by the
petitioner before the Metropolitan Magistrate Court, Egmore against the
first respondent and his family. Then, the said D.V.C, had been
transferred to the Additional Mahila Court, Egmore, Chennai. The
Additional Mahila Court, Egmore in C.M.P.No.2774 of 2017 had
directed the first respondent to pay maintenance of Rs.4,000/- per month
to the petitioner and her daughter. Aggrieved by the same, the first
respondent had obtained interim stay in Criminal Appeal No.183 of
2018. After contesting, the petitioner had got an order in her favour.
Against the same, the first respondent had approached the Madras High
Court in Crl.R.C.No.866 of 2019. Thereafter, the first respondent had
filed a Divorce Petition in H.M.O.P.No.4589 of 2015, both the cases
were pending disposal before the learned II Additional Family Court,
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TR.CMP.No.430 of 2023
Chennai.
3.Learned counsel for the petitioner seeks withdrawal of
DVC.No.176 of 2017 on the file of the Additional Mahila Court,
Egmore, Chennai and transfer the same to the file of II Additional Family
Court at Chennai.
4.In a Full Bench judgment of this Court, in the case of Arul
Daniel & Others vs. Suganya & Others reported in CDJ 2022 MHC
8250, wherein it has held as follows:
“...The power of transfer postulates that the Court to
which transfer or withdrawal is sought, is competent to
exercise jurisdiction over the case.
No power has been vested with the Family Court,
either under the D.V.Act or the Family Courts Act, 1984, to
entertain an application under Section 12 of the D.V.Act.
Similarly, no power has been vested with the Civil Court to
entertain an application under Section 12 of the D.V.Act.
An application under Section 12 of the D.V.Act
cannot be transferred from the Court of the Magistrate,
designated under Section 27 of the D.V.Act, to the Family
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TR.CMP.No.430 of 2023
Court of the Civil Court.”
5.Considering the facts and circumstance of the case and in view
of the judgment stated supra, this Court is of the view that the transfer
civil miscellaneous petition is not maintainable and this Court is not
inclined to transfer the said D.V. case
6.In the result, this Transfer Civil Miscellaneous Petition is
dismissed as not maintainable. No costs. Consequently, the connected
miscellaneous petition is closed.
20.07.2023
Index : yes/no
Internet : yes/no
pam
https://www.mhc.tn.gov.in/judis
TR.CMP.No.430 of 2023
To
1.The Additional Mahila Court, Egmore, Chennai.
2.The II Additional Family Court, Chennai.
https://www.mhc.tn.gov.in/judis
TR.CMP.No.430 of 2023
V.BHAVANI SUBBAROYAN, J.
pam
TR.CMP.No.430 of 2023
and C.M.P.No.9566 of 2023
20.07.2023
https://www.mhc.tn.gov.in/judis
