B. Sudha Rani v. N. Gurumurthy

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED 12.03.2015

CORAM

THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN Tr.C.M.P. No.848 of 2014 B.Sudha Rani .. Petitioner versus N.Gurumurthy .. Respondent Petition filed under Section 24 of Civil Procedure Code, 1908 to withdraw H.M.O.P. No.295 of 2010 pending before the Sub Court, Tirupur and to transfer the same to the Sub Court, Madurai. For petitioner :

Mr.D.R.Raghunath For respondent :

No appearance

ORDER

The wife has come before this Court seeking transfer of H.M.O.P. No.295 of 2010, pending before the Sub Court, Tirupur, filed by the wife against the respondent/husband to the file of Sub Court, Madurai.

2.It is contended by the learned counsel for the petitioner that the petitioner along with her children are residing in Tirupur and the respondent/husband started torturing the petitioner and therefore, the petitioner shifted her residence to Madurai. Since Tirupur is located about 200 kms. away from Madurai, it is not possible for her to travel along with her children to attend the hearing before the Sub Court, Tirupur. 3.Though the respondent was served and his name is appearing in the cause list, no one entered appearance. 4.In view of the same, this Court proceeds that the matter should be disposed of on merits. Taking into consideration the difficulty of the petitioner, it is appropriate to transfer the H.M.O.P. No.295 of 2010 pending on the file of Sub Court, Tirupur to the file of Family Court, Madurai.

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5.The petition is ordered accordingly. However, there is no order as to costs.

Consequently, connected M.P. is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar vga To 1.The Subordinate Judge, Tirupur 2.The Judge, Family Court, Madurai.

CO-RK ths : 20.03.2015 Tr.C.M.P. No.848 of 2014 https://hcservices.ecourts.gov.in/hcservices/