K.Poonkodi v. G.P.Rajkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.06.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr. C.M.P. No.292 of 2019 and C.M.P. No.8499 of 2019 K.Poonkodi ... Petitioner -vsG.P.Rajkumar ... Respondent Prayer: Petition filed under Section 24 of C.P.C to withdraw H.M.O.P.No.1801 of 2018 on the file of Principal Family Court, Coimbatore, and transfer the same to the Sub Court, Palani, for disposal in accordance with law.

For Petitioner : Mr.M.Kalaiyarasan For Respondent : No appearance

O R D E R

K.Poonkodi, the Petitioner herein, wife of G.P.Rajkumar/ respondent herein, whose marriage was solemnized on 12.09.2010 at Oddanchatram Taluk, Dindigul District and blessed with a girl child, now 8 years old, has come to the court, seeking transfer of H.M.O.P.No.1801 of 2018 on the file of Principal Family Court, Coimbatore, to the file of Subordinate Court, Palani.

2. This Court, after entertaining the Petition taking note of the fact that the petitioner is having 8 year old daughter and residing far away from the Principal Family Court, Coimbatore, has issued notice and the same is served on the respondent on 30.04.2019. The Private notice taken by the Petitioner has also been served on the respondent as early as on 20.04.2019 and Proof Affidavit also shows that service is completed. Inspite of court notice along with private notice taken by the Petitioner, the respondent has not chosen to engage any counsel on his behalf or appear in person before this court which shows that he has no objection for allowing the Tr.C.M.P..

3. Taking note of the fact that the distance between Oddanchatram and Coimbatore is about 150 kms and the Petitioner https://hcservices.ecourts.gov.in/hcservices/

has to attend each and every hearing at Coimbatore along with her daughter, who is attending school, this court has no impediment to withdraw the H.M.O.P.No.1801 of 2018 pending on the file of Principal Family Court, Coimbatore and transfer the same to Sub Court, Palani.

4. Accordingly, the Tr. C.M.P. is allowed and the H.M.O.P.No.1801 of 2018 pending on the file of the learned Principal Family Court, Coimbatore, is withdrawn and transferred to the file of the learned Sub Court, Palani.

5. The learned Sub Judge, Subordinate Court, Palani, is directed to take up the HMOP.1801/2018 and dispose of the same expeditiously in the manner known to law. No costs. Consequently, C.M.P. No.8499 of 2019 is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar nvsri To 1.The Principal Judge, Principal Family Court, Coimbatore.

2.The Sub Judge, Sub Court, Palani.

+1cc to Mr.M.Kalaiyarasan, Advocate, S.R.No.47021 Tr. C.M.P. No.292 of 2019 and C.M.P. No.8499 of 2019 SSD(CO) RRS(18/07/2019) https://hcservices.ecourts.gov.in/hcservices/