Divya v. Devadasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.445 of 2021 and CMP No.11734 of 2021 Divya ... Petitioner Vs Devadasan ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, pleased to withdraw IDOP No.3 of 2021 on the file of the learned Principal District Judge, Nagapattinam and transfer the same to the Principal District Court, Namakkal.

For Petitioner : Mr.Deepan Uday For Respondent : Mr.K.M.Subramaniam

ORDER

The wife seeks transfer of proceedings in IDOP No.3 of 2021 on the file of the learned Principal District Judge, Nagapattinam to the Principal District Court, Namakkal.

2. The transfer is sought for mainly on the ground of convenience of the wife who is a resident of Namakkal and is working in a private hospital as a Nursing Assistant. The fact that the wife is a resident of Namakkal is seriously disputed by the husband. However, the wife has produced her Aadhar Card and Voter ID, which show that she is a resident of Tiruchengode near Namakkal. Apart from the above, the wife has also filed a petition under Section 125 of Cr.P.C. Seeking maintenance before the Judicial Magistrate, Tiruchengode which is also pending.

3. Considering the convenience of the wife, the proceedings before the learned Principal District Judge, Nagapattinam in IDOP No.3 of 2021 are withdrawn and transferred to the Principal District Court, Namakkal to be tried and dispose of in accordance with law. The Principal District Court, Namakkal is directed to dispose of the IDOP No.3 of 2021 https://hcservices.ecourts.gov.in/hcservices/

within a period of six months from the date of receipt of papers form the Principal District Court, Namakkal. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vum To 1.The Principal District Judge, Nagapattinam.

2.The Principal District Court, Namakkal.

+1cc to Mr.Deepan Uday, Advocate, S.R.No.57749 TR CMP No.445 of 2021 and CMP No.11734 of 2021 GPL(CO) SB(03/12/2021) https://hcservices.ecourts.gov.in/hcservices/