Madras High Court
V.Ezhumalai vs Vanisree on 14 June, 2023
Crl.O.P.No.20724 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.20724 of 2022
and
Crl.M.P.No.13566 of 2022
V.Ezhumalai ... Petitioner
Vs.
Vanisree ... Respondent
Prayer : Criminal Original Petition has been filed under Section 407 of
Criminal Procedure Code to withdraw the proceedings in M.C.No.154 of
2022 on the file of the V Additional Family Court, Chennai and transfer the
same to the file of the Family Court, Puducherry having competent
jurisdiction.
For Petitioner : Mr.S.Sriram
For Respondent : Mr.Perinbanathan
for Mr.P.Praveen Samadhanam
1/8
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Crl.O.P.No.20724 of 2022
ORDER
The petitioner/respondent in M.C.No.154 of 2022 filed this petition
seeking transfer of above maintenance case from the file of V Additional
Family Court, Chennai to the file of the Family Court, Puducherry.
2.The contention of the petitioner is that the marriage between the
petitioner and the respondent took place on 12.02.2016 at Akasharatha
Hotel, Villianur, it was an arranged marriage and out of the wedlock, they
do not have any children. The petitioner has been consistently subjected to
cruelty by the respondent and her family members, thereafter unable to bear
the same the petitioner filed M.O.P.No.148 of 2017 before the Family
Court, Puducherry seeking divorce on the ground of cruelty. Thereafter, as
a counter blast the respondent filed a petition seeking restitution of conjugal
rights in H.M.O.P.No.1785 of 2017 before the I Additional Family Court,
Chennai. After filing this petition, Tr.C.M.P.No.802 of 2017 was file dby
the respondent seeking transfer of M.O.P.No.148 of 2017 from the file of
the Family Court, Puducherry to the I Additional Family Court, Chennai for
joint trial. This Court considering all the aspects had found the threat to
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Crl.O.P.No.20724 of 2022
petitioner's life be real for the reason that on 17.02.2016 at 10.45 p.m the
respondent and her family members attacked the petitioner who had
sustained serious injuries, got admitted in Government General Hospital,
Puducherry on 18.12.2016 and took treatment as inpatient till 20.12.2016.
For this attack, the petitioner lodged a complaint with Villianur Police
Station against the respondent's family members. Based on the complaint, a
case in Crime No.210/2017 was registered against the respondent and her
family members for the offence under Sections 451, 342, 324 r/w. 34 of
IPC. Thereafter, on conclusion of investigation, charge sheet filed and after
committal, case has been now numbered as S.C.No.100 of 2019 which is
pending trial before the Principal District Sessions Court, Puducherry. In
the meanwhile, this Court transferred both the Family Court cases, namely,
M.O.P.No.148 of 2017 and H.M.O.P.No.1785 of 2017 to a common place to
the file of Family Court, Chengalpattu and the cases were re-numbered as
F.C.O.P.No.114 of 2018 and F.C.O.p.No.115 of 2018. After full-fledged
trial, the Family Court, Chengalpattu by judgment dated 20.01.2021 granted
divorce to the petitioner on the ground of cruelty and dismissed the petition
filed by the respondent for restitution of conjugal rights. Further, since the
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Crl.O.P.No.20724 of 2022
respondent and her family members are attending the Sessions Court at
Puducherry, as a counter blast Maintenance Case in M.C.No.154 of 2022
was filed which is pending before the V Additional Family Court, Chennai.
It is further submitted that the case is at the stage of Mediation, when the
petitioner appeared before Mediation the petitioner could feel the persistent
threat to his life and hence, he moved the present petition.
3.Heard Mr.S.Sriram, learned counsel appearing on behalf of the
petitioner.
4.Mr.Perinbanathan, learned counsel representing the learned counsel
for the respondent submitted that the respondent is a house wife without any
earnings and hence, the petitioner is duty bound to maintain his divorced
wife, for this reason the respondent filed a maintenance case. He would
submit that in filing of maintenance petition, the domicile of the petitioner
to be considered and in this case, the respondent is residing at Chennai and
hence, the maintenance case has been filed in Chennai. He further submits
that the respondent has gone to the extent of Mediation and was willing to
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Crl.O.P.No.20724 of 2022
resolve the dispute between the respondent and the petitioner by giving
quietus to both the maintenance case as well as the Sessions case which is
pending trial in Puducherry. He would further submit that if the respondent
is made to come all the way from Puducherry, she would incur expenditure
as well as hardship.
5.In reply, the learned counsel for the petitioner submitted that the
petitioner is not willing for a compromise, on the other hand insisting the
respondent's family to attend the Sessions Court regularly at Puducherry.
He would submit that the petitioner is employed as a Teacher and for the
maintenance case, he has to travel from Puducherry to Chennai. Further,
there is a threat to his life, after the alleged stray incident which had taken
place in the year 2017, there have been threats to the petitioner. He further
submitted that the petitioner's claim is that threat to his life is persistent and
only for that purpose, the present petition is filed.
6.Considering the submissions made and on perusal of the materials,
it is seen that this Court in Tr.C.M.P.No.802 of 2017 had in detail gone into
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Crl.O.P.No.20724 of 2022
the dispute between the petitioner. It is also not in dispute that there was an
attack on the petitioner and as sessions case is now pending before the
Principal District Sessions Court, Puducherry. At the same time, the
difficulty of the respondent to travel all the way to Puducherry is also to be
considered. The utmost consideration is that both the petitioner and the
respondent to attend the Court without any apprehension of fear and
hindrance and also without any disturbance. In view of the same, this Court
feels that it would be appropriate M.C.No.154 of 2022 which is pending
before the V Additional Family Court, Chennai to be transferred to the file
of the Family Court, Chengalpattu where the earlier proceedings between
the parties have been conducted and disposed of.
7.Accordingly, the proceedings in M.C.No.154 of 2022 is transferred
from the file of the V Additional Family Court, Chennai to the file of the
Family Court, Chengalpattu.
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Crl.O.P.No.20724 of 2022
8.With the above direction, the Criminal Original Petition is disposed
of. Consequently, connected miscellaneous petition is closed.
14.06.2023
Index : Yes/No
Speaking Order/Non-Speaking Order
cse
To
1.The Judge,
V Additional Family Court,
Chennai.
2.The Judge,
Family Court,
Chengalpattu.
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Crl.O.P.No.20724 of 2022
M.NIRMAL KUMAR, J.
cse
Crl.O.P.No.20724 of 2022
14.06.2023
https://www.mhc.tn.gov.in/judis
