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Madras High CourtTR CMP/138/2022allowed

Pauline Ruth Jenifer v. Amudhan

2022-04-06Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2022

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA Tr.C.M.P.No.138 of 2022 and C.M.P.No.2812 of 2022 Pauline Ruth Jenifer ... Petitioner Vs Amudhan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw the case in I.D.O.P.No.95 of 2021 pending on the file of the Principal District Court at Villupuram and transfer the same to the Principal District Court at Karur District.

For Petitioner : Mr.B.Bharath Kumar For Respondent : Served - No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed by the petitioner-wife seeking to withdraw I.D.O.P.No.95 of 2021 filed by the respondent-husband for divorce from the file of the Principal District Court, Villupuram and transfer the same to the file of the Principal District Court, Karur. 2.

The petitioner-wife in her affidavit would fairly concede that the said I.D.O.P.No.95 of 2021 is now pending at the stage of evidence. However, she would submit that it is very difficult for her to travel all the way from Karur to Villupuram, as she has to take the assistance of her father to attend the hearings at Villupuram. She is also depending on her father for her day-to-day maintenance.

3.

Today, when the matter is called, the learned counsel for the petitioner-wife has produced a Report of the CT Scan done on the petitioner-wife, which shows that she is suffering from certain incapabilities.

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4. Heard the learned counsel for the petitioner and perused the materials available on record. The respondent, though served, has not entered appearance.

5. Taking into account the above reasons, the transfer Civil Miscellaneous Petition is allowed. I.D.O.P.No.95 of 2021 pending on the file of the Principal District Court, Villupuram shall stand withdrawn and transferred to the file of the Principal District Court, Karur.

The learned Principal District Judge, Karur shall commence the proceedings at the stage of evidence, after giving due notice to the respondenthusband. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar srn To

1. The Principal District Judge, Viluppuram.

2. The Principal District Judge, Karur.

Tr.C.M.P.No. 138 of 2022 and C.M.P.No.2812 of 2022 GPL(CO) GMY(26/04/2022) https://hcservices.ecourts.gov.in/hcservices/