The respondent in DV case filed transfer application before Chief Magistrate on the ground that the petitioner has given a wrong address to claim the jurisidiction where she he is no longer residing... Earlier the interim petition filed by the petitioner was allowed and the petitioner is also receiving the maintenace. Now nearly after 3 months the respondents have come out with this transfer application requesting the CMM to transfer the case from Egmore jurisdiction to Saidapet Jurisdition (within the city limit) claiming the case was initially filed in wrong juridiction. After the arguments of rival counsels the Magistrate wants citation on the following proposition to favour the petitioner...
"THE TRANSFER APPLICATION CANNOT BE ALLOWED AS THE TRIAL IS ALREADY IN THE VERGE OF CONCLUSION AND IT WOULD RESULT IN UNNECESSARY DELAY AND PREJUDICE THE RIGHTS OF PETITIONER"
Ld. Members help would be much appreciated in finding ci the above reference...
(Pls find the attached file of important DV Judgments)
With Thanks
Suresh Kumar.
