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Madras High CourtTR CMP/462/2021allowed

Hema v. Arul Karthikeyan

2022-03-17Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2022

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.NO.462 OF 2021 & C.M.P.NO.12220 OF 2021 Hema ... Petitioner .Vs.

Arul Karthikeyan ... Respondent PRAYER:- Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.11 of 2020 on the file of the Subordinate Court, Panruti, Cuddalore District and transfer to the Family Court, Villupuram.

For Petitioner :

Mr.C.Munusamy For Respondent :

Not Ready in Notice

ORDER

The above petition has been filed by the wife seeking transfer of the petition filed by the husband for divorce in H.M.O.P.No.11 of 2020 on the file of the Subordinate Court, Panruti, Cuddalore to the file of the Family Court, Villupuram.

2. The notice sent to the respondent husband has not been claimed by him on two occasions, despite the intimation having been given by the postal authorities. Therefore, the service is deemed to be completed on the respondent and the Court has proceeded to hear the petitioner.

3. The petitioner would submit that she is residing with her parents at Villupuram and has filed M.C.No.37 of 2019 for maintenance, which is pending on the file of the Family Court, Villupuram. The petitioner would further submit that whenever https://hcservices.ecourts.gov.in/hcservices/

she attends the proceedings in Subordinate Court, Panruti, Cuddalore District, the respondent and his relatives are abusing the petitioner. Therefore, the petitioner has come forward with the present petition for the transfer of H.M.O.P.No.11 of 2020 from the file of the Subordinate Court, Panruti, Cuddalore to the file of the Family Court, Villupuram.

4. Considering the fact that sufficient reasons have been given for transfer, the Transfer Civil Miscellaneous Petition is allowed. Accordingly, H.M.O.P.No.11 of 2020 pending on the file of the Subordinate Court, Panruti, Cuddalore is withdrawn and transferred to the file of the Family Court, Villupuram. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kan To 1.

The Subordinate Court, Panruti, Cuddalore.

2.

The Judge, The Family Court, Villupuram.

TR.C.M.P.NO.462 OF 2021 PMK(CO) PBS/12/04/2022 https://hcservices.ecourts.gov.in/hcservices/