Madras High CourtTR CMP(MD)/35/2022allowed

V.Devika v. S.Visvanathan

2022-03-23Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Tr.C.M.P(MD).No.35 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI Tr.C.M.P(MD).No.35 of 2022 and C.M.P(MD)No.646 of 2022 V.Devika

...Petitioner/Respondent

Vs.

S.Viswanathan

...Respondent/Petitioner

PRAYER: This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the proceedings in HMOP.No.429 of 2020 on the file of the Principal Family Court, Coimbatore and transfer the same to the Family Court, Dindigul. For Petitioner : Mr.R.Maheswaran For Respondent : Mr.C.Prithiviraj

ORDER

This Petition is filed to withdraw the case in HMOP.No.429 of 2020 from the file of Family Court, Coimbatore and transfer the same to the file of Family Court, Dindigul.

2.The learned counsel for the petitioner submitted that HMOP.No.429 of 2020 was filed by the respondent/husband, for seeking divorce before the Family Court, Coimbatore and D.V.O.P.No.4 of 2020 was filed by the petitioner/wife against the respondent before the Judicial Magistrate Court, Palani. Since the petitioner is residing at Palani with minor son and connected case is also pending before the Judicial Magistrate Court, Palani, she cannot go to Dindigul to attend the Court hearings. Hence, she seeks to transfer the case as prayed for.

3.Considering the fact that since connected case is pending before the Judicial Magistrate Court, Palani, HMOP.No.429 of 2020 is ordered to be withdrawn from the file of Family Court, Coimbatore and transferred to the file of Family Court, Dindigul. The Family https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD).No.35 of 2022 Court, Coimbatore is directed to transmit the papers to the file of the Family Court, Dindigul, forthwith. On receipt of records, the learned Judge, Family Court, Dindigul is directed to dispose of HMOP.No.429 of 2020 along with D.V.O.P.No.4 of 2020 4.In the result, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd 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 Presiding Officer,Family Court, Coimbatore.

2.The Presiding Officer,Family Court, Dindigul.

+1 CC to M/s.R.MAHESWARAN, Advocate ( SR-14440[F] dated 25/03/2022 ) Tr.C.M.P(MD).No.35 of 2022 and C.M.P(MD)No.646 of 2022 23.03.2022 MGJ(12.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2