Johnsi Rani v. Kalaikumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2018 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.55 of 2018 and C.M.P.No.1469 of 2018 Johnsi Rani .. Petitioner -Vs.- Kalaikumar .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw the I.D.O.P.No.58 of 2017 pending on the file of the Principal District Court, Thirupur District and transfer the same to the Principal District Judge, Viruthunagar District.

For petitioner ... Mr.M.Duraimurugan For Respondent ... Mr.S.Suresh Kumar

O R D E R

The petitioner/wife has filed the above Transfer Civil Miscellaneous Petition seeking to withdraw the I.D.O.P.No.58 of 2017 filed by the husband pending on the file of the Principal District Court, Thirupur and transfer the same to the file of the Principal District Court, Virudhunagar.

2.

The respondent-husband has filed the above I.D.O.P.No.58 of 2017 under Section 10 of the Indian Divorce Act on the file of the Principal District Court, Thirupur for dissolution of marriage held between the petitioner and the respondent on 29.05.2006.

3.

In paragraph 8 of the affidavit filed in support of the petition, the petitioner-wife has stated that she is living in Sivakasi at Virudhunagar. She finds it very difficult to travel such a long distance from Sivakasi to Thirupur to attend each of the hearing by spending huge money and she has also expressed that the respondent and his men are threatening her. Hence, she sought for transfer.

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4.

Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record.

5.

Learned counsel for the respondent-husband has filed the counter affidavit of the respondent expressing consent for transfer.

6.

Considering the submission made by the learned counsel for the petitioner and as the respondent has got no serious objection in transferring the petition to the Principal District Court, Virudhunagar, this Tr.C.M.P is allowed and I.D.O.P.No.58 of 2017 pending on the file of the Principal District Court, Thirupur is withdrawn and transferred to the file of Principal District Judge, Virudhunagar. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar //True copy// Sub Assistant Registrar srn To 1.

The Principal District Judge, Thirupur

2. The Principal District Judge, Virudhu Nagar. +1cc to Mr.D.Durai Murugan, Advocate SR.No.19398 +1cc to Mr.S.Suresh Kumar, Advocate SR.No.19161 Tr.C.M.P.No.55 of 2018 and C.M.P.No.1469 of 2018 GN(04/04/2018) https://hcservices.ecourts.gov.in/hcservices/