P. RAJENDRAN Vs. SASIKALA

JUDGEMENT

(1.) This petition has been filed by the Accused seeking to issue appropriate direction to the learned Principal District Judge, Coimbatore to entertain the transfer petition filed under Section 408 Cr.P.C., 1973 for transfer of case in DVA. No. 12/2013 pending on the file of the learned Judicial Magistrate No.III, Coimbatore to be tried along with M.C. No. 159 of 2011, HMOP No. 1379 of 2010, GWOP No. 7367 of 2011 and HMOP No. 68 of 2012.

(2.) The petitioner/husband had filed the petition stating that the marriage between the petitioner and respondent was solemnized on 7.8.1997 at Chellam Krishna Marriage Hall, Coimbatore and they started their matrimonial life at Kandapalayam and they were residing along with the petitioner's parents. Right from the date of marriage there was matrimonial dispute between them which leading to several litigation's between them. The petitioner had prayed that in view of the several other proceedings pending between the parties on the file of the Family Court, he had sought for transfer of the petition filed under Domestic Violence Act filed by his wife and pending in DVA No. 12/2013 on the file of the learned Judicial Magistrate Court-III, Coimbatore, to be tried along with the other cases pending on the file of the Family Court, Coimbatore. The learned Principal District Judge had returned the petition on the ground that the petition for transfer is not maintainable in view of the judgment reported in Capt. C.V.S. Ravi v. Mrs.Ratna Sailaja (2008(2) TNLJ (Cri.) 310) which deals with the same facts. The return of the transfer petition is challenged in the present Original Petition.

(3.) The learned counsel for the petitioner contended that several litigation's were pending between the parties and to avoid multiplicity of proceeding the learned Principal District Judge ought to have accepted the petition for transfer and transferred the petition to the file of the learned Family Court to be tried along with the other cases pending on its file and relied on the judgment reported in 2014 (8) MLJ 400 (Selin Raja alias Maria Selin Raj v. Lawrence alias Lawrence Antonia), wherein this Hon'ble Court while deciding the petition filed under section 24 of CPC observed that the Domestic Violence Act gives ample power to the Family Court to deal with proceedings initiated by wife under the Protection of Women from Domestic Violence Act had held in paragraphs 2 to 5 as follows:-