RAMALINGAM Vs. DHANAM AND 3 OTHERS

JUDGEMENT

(1.) THIS revision has been filed by the husband in maintenance proceedings, challenging the order of transfer passed by the learned Chief Judicial Magistrate, withdrawing to his file M.C.3 of 1986, filed by the petitioner under Section 127, Cr.P.C. as well as Cr1.M.P.2393 of 1985, filed by the respondents for recovery of arrears of maintenance and pending before the Judicial Second Class Magistrate No.1, Salem.

(2.) THE respondents, who are the wife and three children of the petitioner filed M.C.3 of 1981 in the Court of the Judicial First Class Magistrate, Salem, seeking maintenance. After due enquiry, maintenance was ordered on 7.12.1983 at the rate of Rs. 50/ - to each one of the respondents. Since the petitioner, who is a postman in Salem committed default in the payment of maintenance, the respondents filed Crl. M.P.2373 of 1985 in the Court of the Judicial Second Class Magistrate No.1, Salem for the arrears from 7.10.1984 to 7.10.1985. The respondents filed Crl. M.P.296 of 1987 under Section 410, Cr1.P.C. in the Court of the Chief Judicial Magistrate, Salem for transfer of Crl. M.P. No.2373 of 1985 to the Court of the Judicial First Class Magistrate, Salem, so that the petitioner might not protract the execution proceedings by absenting himself in the court. The learned Chief Judicial Magistrate felt that both the matters could be heard together, but since the file of the Judicial First Class Magistrate was already heavy, he withdrew both the matters to his court. Aggrieved with this order and contending that legally it is untenable and the learned Chief Judicial Magistrate had already made certain observations against the petitioner in his order, this Revision has been filed.

(3.) THE respondents, though served, have not entered appearance through any counsel, nor are they present. Thiru N.Paul Vasanthakuniar, from the Legal Aid and Advice Board, Madras was appointed by this court, to represent the respondents in this matter.