G.B. Visalakshi v. Ratheeshkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2018 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.941 of 2017 and C.M.P.No.18802 of 2017 G.B.Visalakshi ... Petitioner Vs.

Ratheeshkumar ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.583 of 2017 pending on the file of the Family Court, Coimbatore and transfer the same to the file of the District Court, Nagercoil at Kanyakumari District or any other appropriate forum and direct the District Court, Nagercoil at Kanyakumari District to dispose of the above H.M.O.P within a specified time.

For Petitioner : Mr.D.Ramesh Kumar For Respondent : Mr.J.Franklin

O R D E R

This petition is filed to withdraw H.M.O.P.No.583 of 2017 pending on the file of the Family Court, Coimbatore and transfer the same to the file of the District Court, Nagercoil at Kanyakumari District or any other appropriate forum and direct the District Court, Nagercoil at Kanyakumari District to dispose of the above H.M.O.P within a specified time.

2. Though the transfer petition has been filed by the petitioner to transfer H.M.O.P.No.583 of 2017 filed by the respondent before the Family Court, Coimbatore to the District Court, Nagercoil at Kanyakumari District, when the matter is taken up for hearing, the learned counsel for the petitioner as well as respondent submitted that both the petitioner and respondent have no objection in transferring the case in H.M.O.P.No.583 of 2017, pending on the file of Family Court, Coimbatore to the Family Court, Thirunelveli and made an endorsement to that effect.

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3. Recording the submission and endorsement made by the learned counsel for the petitioner as well as respondent, without deciding the issue on merits, the petition in H.M.O.P.No.583 of 2017 is ordered to be withdrawn from the file of Family Court, Coimbatore and transferred to the file of the Family Court, Thirunelveli. The Presiding Officer, Family Court, Coimbatore is directed to transmit all the records pertaining to H.M.O.P.No.583 of 2017 to the file of the Family Court, Thirunelveli, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such records, the learned Family Court Judge, Thirunelveli is directed to dispose of the main H.M.O.P.No.583 of 2017 on merits and in accordance with law, as expeditiously as possible, in any event, not later than four months thereafter.

4. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-viii) //True Copy// Sub Assistant Registrar gsa To 1.The Family Court Judge, Thirunelveli.

2.The Family Court Judge, Coimbatore.

+1cc to Mr.D.RAMESH KUMAR, Advocate, S.R.No. 24584 Tr.C.M.P. No.941 of 2017 and C.M.P.No.18802 of 2017 SAI(CO) TR(24/04/2018) https://hcservices.ecourts.gov.in/hcservices/