Madras High CourtTR CMP(MD)/38/2020allowed

A.Nageswari v. K.Saravanan

2020-03-03Honourable Mrs Justice R. Tharani2 pages

TR C.M.P (MD) No.38 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.03.2020

CORAM

THE HONOURABLE Mrs. JUSTICE R.THARANI TR C.M.P (MD) No.38 of 2020 and C.M.P(MD) No.671 of 2020 A.Nageswari ... Petitioner/Respondent -VsK.Saravanan ... Respondent/Petitioner Prayer: Transfer Civil Revision Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.667 of 2017 on the file of the Family Court, Madurai, and transfer the same to the Subordinate Court, Muthukulathur.

For Petitioner : Mr.P.Malini For Respondent : Mr.M.Balakrishnan

O R D E R

The above Transfer Civil Miscellaneous petition has been filed by the wife seeking for transfer of H.M.O.P.No.667 of 2017 on the file of the Family Court, Madurai to the Subordinate Court, Muthukulathur.

2.On the side of the petitioner, it is stated that, at the time of filing H.M.O.P.No.667 of 2017 the petitioner was residing in the house of her aunt at Madurai. But, due to the death of petitioner's father, the petitioner went to Muthukulathur and now she is residing with her mother. It is also stated that the petitioner has to bring her child for every hearing at Madurai and prayed that H.M.O.P.No.667 of 2017 on the file of the Family Court, Madurai to be transferred to the Subordinateordinate Court, Muthukulathur.

3.The learned counsel for the respondent submitted his objection for allowing this petition.

4.The objections raised by the learned counsel for the respondent are unsustainable. Hence, H.M.O.P.No.667 of 2017 is withdrawn from the file of the Family Court, Madurai and transferred https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR C.M.P (MD) No.38 of 2020 to the file of the Subordinate Court, Muthukulathur. The learned Family Judge, Madurai, is directed to transmit the entire records in H.M.O.P.No.667 of 2017 to the Subordinate Court, Muthukulathur. The learned Subordinate Judge, Muthukulathur, is hereby directed to issue fresh summon to the respondent after the case is transferred and renumbered.

5.With the above the direction, this Tr.CMP is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To 1.The Judge, Family Court, Madurai.

2.The Subordinate Judge, Muthukulathur.

+1 CC to M/s.M.BALAKRISHNAN, Advocate ( SR-10092[F] dated 04/03/2020 +1 CC to M/s.P.MALINI, Advocate ( SR-9951[F] dated 04/03/2020 ) TR C.M.P (MD) No.38 of 2020 and C.M.P(MD) No.671 of 2020 03.03.2020 JMN(13.03.2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2