Madras High CourtTR CMP(MD)/21/2020allowed

Carnia Rajapushopam v. M.Chinnadurai

2020-02-18Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD) No.21 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.21 of 2020 and C.M.P(MD)No.440 of 2020 Carnia Rajapushpam ... Petitioner/Respondent vs.

M.Chinnadurai ... Respondent/Petitioner PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the divorce petition in H.M.O.P.No.233 of 2019 on the file of the Principal Subordinate Court, Tenkasi and to transfer the same to the file of the Family Court, Trichy.

For Petitioner : Ms.Sridevi For Respondent : No appearance

ORDER

The petitioner / wife, who is facing the proceedings for restitution of conjugal rights at the instance of the husband in H.M.O.P.No.233 of 2019 on the file of the Principal Sub Court, Tenkasi, seeks transfer of the same to the Family Court, Trichy.

2. The transfer is sought for solely on the ground of convenience of the wife. The wife is the resident of Trichy, whereas the respondent is the resident of Subdarapandiyapuram Village, Tenkasi Taluk at Tirunelveli District.

3. Considering the convenience of the wife as well as the husband, I am of the opinion that the proceedings can be transferred to the Principal Sub Court, Trichy, instead of Family Court to avoid more inconvenience to the parties as the parties will not be required to appear on every hearing before the Sub Court as in the case of the Family Court.

4. Accordingly, this transfer civil miscellaneous petition is allowed. H.M.O.P.No.233 of 2019 is withdrawn from the file of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD) No.21 of 2020 Principal Sub Court, Tenkasi and the same is transferred to the Principal Sub Court, Trichy for being disposed of in accordance with law. The Principal Sub Court, Tenkasi is directed to transmit the papers in H.M.O.P.No.233 of 2019 forthwith to the Principal Sub Court, Trichy. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) ta To 1.The Principal Subordinate Court, Tenkasi 2.The Principal Sub Court, Trichy.

TR.C.M.P.(MD)No.21 of 2020 18.02.2020 KK/26.02.2020/2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2