A.Parimala Gandhi v. A.Thirumaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.02.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR Tr.C.M.P.No.32 of 2016 and C.M.P.No.438 of 2016 A.Parimala Gandhi, W/o.A.Thirumaran Gandhipuram, Nambiyur 638 458, Gobi Taluk, Erode District ... Petitioner Vs A.Thirumaran S/o.R.Arumugam, No.5/50, N.G.G.O.S.Colony, Namakkal Salem Road, Namakkal Taluk, Namakkal District ... Respondent Petition filed under Section 24 of the Civil Procedure Code to withdraw the case in G.O.P.No.122 of 2015 from the file of the Principal District Court, Namakkal and to transfer the same to the III Additional District Court, Gobichettipalaym. For Petitioner : Mr.V.Anandhamurthy For Respondent : No Appearance

O R D E R

The wife is the petitioner and the husband is the respondent.

2.

Husband filed a H.M.O.P for divorce on the file of the Sub Court, Namakkal and the same was transferred by order of this Court to the Sub Court, Gobichettipalayam on the ground that the wife was residing within the jurisdiction of the Sub Court, Gobichettipalayam. Subsequent to the said order of transfer, the respondent herein / husband filed G.O.P.No.122 of 2015 on the file of Principal District Judge, Namakkal. Hence, the petitioner has been forced to come to this Court with the present Transfer Civil Miscellaneous Petition for the transfer of the said Guardian O.P. to the file of III Additional District Judge, Gobichettipalayam.

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3.

Though private notice was served with the permission of this Court on the respondent and the respondent's name stands printed in the cause list, none appears on behalf of the respondent.

3.

Upon hearing the submissions made by Mr.V.Anandhamurthy, learned counsel for the petitioner, this Court is convinced of the reasons assigned by the petitioner for seeking transfer of the Guardian O.P.No.122 of 2015 from the Court of the Principal District Judge, Namakkal to the Court of III Additional District Judge, Gobichettipalayam. 4.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The Guardian O.P No.122 of 2015 pending on the file of Principal District Judge, Namakkal is withdrawn and transferred to the file of III Additional District Judge, Gobichettipalayam.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar srn To

1. The Principal District Court, Namakkal

2. The III Additional District Court, Gobichettipalayam + 1 cc to MR.Anandhamurhty, Advocate Sr.9203 Tr.C.M.P.No.32 of 2016 and C.M.P.No.438 of 2016 VSN(CO) Eu 23.02.16 https://hcservices.ecourts.gov.in/hcservices/