Madras High CourtTR CMP(MD)/63/2020allowed

Mareeswari v. R. Vigneshwaran

2020-02-24Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD) No.63 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.63 of 2020 and C.M.P(MD)No.1122 of 2020 Mareeswari ... Petitioner/Petitioner vs.

R.Vigneshwaran ... Respondent/Respondent PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.213 of 2019 on the file of the Family Court, Sivagangai and to transfer the same to the file of the Sub Court, Thirumangalam and try along with H.M.O.P.No.4 of 2020 pending on the file of the Sub Court, Thirumangalam.

For Petitioner : Mr.A.Siva Subramanian For Respondent : Mr.A.S.Krishnan

ORDER

The wife, who is facing proceedings for divorce at the instance of the husband on the file of the Family Court, Sivagangai in H.M.O.P.No.213 of 2019 seeks transfer of the same to the Sub Court, Thirumangalam.

2. Transfer is sought for mainly on the ground of convenience of the wife, since she has to look after her daughter, who is just about one year old.

3. The learned counsel for the respondent / husband would submit that the petitioner has already been set exparte in the main original petition before the Family Court and her application to set aside exparte order in I.A.No.1 of 2020 is pending.

4. Considering the reasons assigned in the affidavit filed in support of this petition and fact that the conduct of the proceedings before the Sub Court will be more conducive, since the wife has to look after a minor child, who is just one year old, this https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD) No.63 of 2020 transfer civil miscellaneous petition is allowed and H.M.O.No.213 of 2019 and I.A.No.1 of 2020 are withdrawn from the file of the Family Court, Sivagangai and transferred to the file of the Sub Court, Thirumangalam to be tried along with H.M.O.P.No.4 of 2020. The Family Court, Sivagangai is directed to transmit the papers at the earliest to the file of the Sub Court, Thirumangalam. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ta To 1.The Judge Family Court, Sivagangai.

2.The Sub Judge, Thirumangalam +1 CC to Mr.A.SIVASUBRAMANIAN, Advocate ( SR-7903[F] dated 24/02/2020 ) TR.C.M.P.(MD)No.63 of 2020 24.02.2020 VB(10.03.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2