Madras High CourtTR CMP/419/2020dismissed

S.Meena v. G.Saranraj

2022-04-19Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2022

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA Tr.C.M.P.No.419 of 2020 and C.M.P.No.8000 of 2020 S.Meena ... Petitioner Vs G.Saranraj ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw the case in F.C.O.P.No.12 of 2020 from the file of the Family Court, Erode and transfer the same to the file of Family Court at Namakkal.

For Petitioner : Mr.M.Murali For Respondent : Not ready in notice

ORDER

The petitioner/wife has filed this Transfer Civil Miscellaneous Petition, seeking transfer of F.C.O.P.No.12 of 2020 filed by the husband, pending on the file of the Family Court, Erode to the file of the Family Court, Namakkal.

2. Despite orders of this Court on 27.08.2021, directing the petitioner to take notice on the respondent through paper publication in one issue of Tamil Daily, viz., Dinamalar for the hearing date on 21.09.2021, the petitioner has not taken steps to effect paper publication to date. The matter was posted on 01.03.2022 and 09.03.2022, however the paper publication was not produced. On 01.04.2022, the learned counsel for the petitioner submitted that proof of publication had been filed on 09.03.2022 in U.S.R.No.10894 dated 26.03.2022 and the Registry was therefore directed to post the matter on 18.04.2022. The Registry had put up U.S.R.No.10894 dated 26.03.2022 which turned out to be the Affidavit of Service of the publication notice. When the matter came up on 18th of April 2022, there was no representation on the side of the petitioner and neither was the publication filed and therefore, the matter was directed to be posted today under the caption "For dismissal". Therefore, it is https://hcservices.ecourts.gov.in/hcservices/

clear that the petitioner is not interested in prosecuting the case.

In view of the above, the Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Family Court, Erode.

Copy To The Section Officer, V.R.Section, High Court, Madras.

Tr.C.M.P.No.419 of 2020 and C.M.P.No.8000 of 2020 VSN II(CO) GMY(05/05/2022) https://hcservices.ecourts.gov.in/hcservices/