Madras High Court
V. Kannagi Devi vs C. Baskaran on 7 October, 2009
Author: R.Sudhakar
Bench: R.Sudhakar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.10.2009
CORAM:
THE HONOURABLE MR. JUSTICE R.SUDHAKAR
TR.C.M.P. No.264 of 2009
and
M.P.No.1 of 2008
.......
V. Kannagi Devi ...Petitioner.
Vs.
C. Baskaran ...Respondent.
Prayer: Petition filed under Section 24 of C.P.C. to withdraw the proceedings pending in H.M.O.P.No.3339 of 2008 on the file of the Principal Judge, Family Court, Chennai and transfer the same to the file of the Subordinate Court, Thanjavur.
For Petitioner : Mr. M. Vijayanand
For Respondents : Mr. K. Goviganesan
O R D E R
The wife has filed this transfer petition seeking transfer of the HMOP No. 3339 of 2008 from the file of the Principal Family Court, Chennai to the file of the Subordinate Court, Thanjavur.
2. The respondent/ husband has been served and appears through counsel.
3. The petitioner/wife states that she has to take care of her daughter, who is studying 12th standard and the son, who is studying in 7th standard and therefore,if the case is not transferred to Thanjavur, it will very much affect the studies of the children.
4. The learned counsel for the respondent, on the other hand states that there is a threat to the life of the respondent and several complaints have been lodged against him in the Thanjavur Police Station. In particular, he refers to three complaints dated 15.5.2006, 22.8.2006 and 8.1.2007 in CSR Nos. 169 of 2006, 297 of 2006 and 8 of 2007 respectively. He relied upon the Apex Court decision reported in Neelam Pagthak Vs. - Alokkumar Bharti (2004, 13 SCC 687) and stated that in view of the threat to his life, the case may be transferred to any other Court and not to the Court at Thanjavur.
4. Considering the inconvenience expressed by the petitioner and the apprehension of the respondent and by consent of both parties, the HMOP No. 3339 of 2008 is withdrawn from the file of the Principal Family Court, Chennai and transferred to the file of the Principal District Court, Trichy, for disposal. This transfer petition is ordered accordingly. Consequently, MP No. 1 of 2009 is closed. No costs.
ra To
1.The Principal Family Court, Chennai.
2.The Subordinate Judge, Trichy