Madras High CourtTR CMP(MD)/12/2022allowed

J.K. Merlin, v. R.Divakaran,

2022-02-09Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Tr.C.M.P.(MD) No.12 of 2022 & BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2022

CORAM:

THE HONOURABLE MRS.JUSTICE S.ANANTHI Tr.C.M.P.(MD) No.12 of 2022 & C.M.P.(MD) No.232 of 2022 J.Merlin ... Petitioner -vsR.Divakaran ... Respondent Prayer: Petition filed under Sections 24 and 151 of Code of Civil Procedure, to withdraw IDOP.No.638/2021 from the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Coimbatore.

For Petitioner :

Mr.S.Mohamed Kadhar For Respondent :

Mr.C.M.Arumugam

ORDER

The Transfer CMP is filed to withdraw IDOP.No.638/2021 from the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Coimbatore.

2. The petitioner / wife filed IDOP.No.638/2021 on the file of the Family Court, Madurai for dissolution of marriage and the same is pending. Now, the petitioner / wife and her child are residing along with the petitioner's parents at Coimbatore. Hence, she filed this petition to transfer the case to the Court at Coimbatore.

3. The learned counsel for the petitioner would submit that the petitioner is having a female child and she is residing at Coimbatore along with her parents. Hence, she is unable to travel to Madurai from Coimbatore for every hearing of the case. Therefore he would pray that the said IDOP shall be transferred to the Family Court, Coimbatore.

4. The learned counsel appearing for the respondent would submit that since the respondent is now residing at Madurai, the said IDOP shall be transferred to the Subordinate Court, Coimbatore, so that, the respondent could appear before the Court through his counsel.

5. In view of the fact that the petitioner is having a female child and is unable to travel from Coimbatore to Madurai for every hearing of the case and in view of the submission made by the learned counsel appearing for the respondent, IDOP.No.638/2021 is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD) No.12 of 2022 & withdrawn from the file of the Family Court, Madurai and is transferred to the file of the Subordinate Court, Coimbatore. Accordingly, the Transfer CMP is allowed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) mbi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The Judge,Family Court, Madurai.

2.The Subordinate Judge, Coimbatore.

+1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-5075[F] dated 09/02/2022 ) +1 CC to M/s.S.MOHAMED KADHAR, Advocate ( SR-5104[F] dated 09/02/2022 ) Tr.C.M.P.(MD) No.12 of 2022 09.02.2022 RK(25/02/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2