Madras High CourtTR CMP(MD)/36/2020disposed of

R.M.Vidya v. Sivasakthivel

2021-04-09Honourable Mr Justice A.A.Nakkiran2 pages

Tr CMP (MD) No. 36 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.36 of 2020 and C.M.P.(MD)No.660 of 2020 R.M.Vidya ... Petitioner -vsSivasakthivel ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to pass an order to withdraw the case in H.M.O.P.No.64 of 2019 on the file of the learned Subordinate Court, Theni and transfer the same to the file of the learned Subordinate Court, Madurai.

For Petitioner : Mr.M.Natarajan For Respondent : Mr.P.Gokulnath

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.64 of 2019 on the file of the Sub Court, Theni and transfer the same to the file of the Sub Court, Madurai.

2.The learned counsel for the petitioner/wife submits that the respondent/husband has filed H.M.O.P.No.64 of 2019 before the Subordinate Court, Theni for dissolution of marriage. It is further submitted that the petitioner is working at Bangalore and her child is at Karaikudi with her parents. In such circumstances, the petitioner is physically and financially incapable of travelling to Theni for attending every hearing in H.M.O.P.No.64 of 2019 on the file of the Sub Court, Theni.

3. The learned counsel for the respondent has no objection for transferring the case.

4. This Court is satisfied with the reasons assigned in the affidavit filed in support of this petition.

5. In view of the same, H.M.O.P.No.64 of 2019 is withdrawn from the file of the Sub Court, Theni and transferred to the file of the Sub Court, Madurai for disposal as per law. The Subordinate Judge, https://hcservices.ecourts.gov.in/hcservices/ 4/4

Tr CMP (MD) No. 36 of 2020 Theni, is directed to transmit the papers to the Sub Court, Madurai, forthwith. The Subordinate Judge, Madurai is directed to dispose H.M.O.P.No.64 of 2019 as expeditiously as possible.

6. In fine, this petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (RTI ACT) // True Copy // Sub Assistant Registrar(CS ) MSA/CM To:

1. The Subordinate Judge, Theni

2. The Subordinate Judge, Madurai 1CC TO MR. M.NATARAJAN, ADVOCATE SR 16062 GS 04/05/2021 2P/4C Order made in Tr.C.M.P.(MD) No.36 of 2020 and C.M.P.(MD)No.660 of 2020 Dated: 09.04.2021 https://hcservices.ecourts.gov.in/hcservices/ 4/4