Madras High CourtTR CMP(MD)/43/2020allowed

S. Kalaiselvi v. T. Asaithambi

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

Tr.C.M.P(MD)No.43 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.43 of 2020 and C.M.P(MD) No.818 of 2020 S.Kalaiselvi ... Petitioner -VsT.Asaithambi ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.,to withdraw the H.M.O.P.No.94 of 2019, on the file of Sub-Court, Paramakudi and transfer the same to Family Court, Madurai.

For Petitioner :

Mr.V.Sasi Kumar For Respondent :

Mr.C.Bethanasamy

O R D E R

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.94 of 2019, on the file of the Sub Court, Paramakudi, seeks transfer of the same to the Family Court, Madurai.

2. The transfer is sought for mainly on the ground of convenience. The wife is a resident of Madurai and the husband is a resident of Paramakudi in Ramanathapuram District.

3. Considering the fact that the proceedings before the Family Court require presence of the parties for every hearing, I am of the considered opinion H.M.O.P.No.94 of 2019, on the file of the Sub Court, Paramakudi can be transferred to the Principal Sub Court, Madurai where the presence of the parties for every hearing is not required.

4. In view of the above, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in H.M.O.P.No.94 of 2019 is withdrawn from the file of the Sub Court, Paramakudi and transferred https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.43 of 2020 to the file of the Principal Sub Court, Madurai. The Sub-Court, Paramakudi is directed to transmit the papers to the Principal SubCourt, Madurai, forthwith. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) am To

1. The Sub Court, Paramakudi.

2. The Principal Sub Court, Madurai.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1 CC to M/s.V.SASIKUMAR, Advocate ( SR-7003[F] dated 19/02/2020 ) +1 CC to M/s.C.BETHANASAMY, Advocate ( SR-7106[F] dated 19/02/2020 ) Tr.C.M.P(MD)No.43 of 2020 18.02.2020 KK/02.03.2020/2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2