P.Augusta Giftslin Ramya v. A.Alexander Paul Godwin

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Tr.C.M.P.(MD) No.48 of 2023 and CMP(MD)No.1075 of 2023 P.Augusta Giftslin Ramya ... Petitioner/Respondent -vsA.Alexander Paul Godwin ... Respondents/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in I.D.O.P.No.368 of 2022 pending on the file of I Additional District Court, Maurai and transfer the same to the file of the Principal District Court, Thoothukudi, for disposal. For Petitioner : Mr.G.Aravinthan For Respondent : Mr.S.Shardin Sheeba

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in I.D.O.P.No.368 of 2022 pending on the file of I Additional District Court,

Maurai, and transfer the same to the file of the Principal District Court, Thoothukudi.

2.This petition has been filed by the wife to transfer I.D.O.P.No.368 of 2022 pending on the file of the I Additional District Court, Maurai. Both the petitioner and the respondent/husband are no longer in Madurai. It appears that they were briefly living at Madurai at the time when the cause of action arose. The respondent had filed I.D.O.P.No.368 of 2022 before the I Additional District Court, Madurai. The petitioner is now residing in Thoothukudi along with her aged parents and a minor child. The respondent/husband is said to be working presently at Nagapattinam.

3.Considering the facts and circumstances of the case and also Considering the interest of both the parties, I.D.O.P.No.368 of 2022 is withdrawn from the file of the I Additional District Court, Madurai and transferred to the file of Principal District Court, Thoothukudi, for final disposal. The I Additional District Court, Madurai, is directed to transmit the papers to the file of the Principal District Court, Thoothukudi, forthwith. The learned

Principal District Court, Thoothukudi, is directed to dispose I.D.O.P.No.368 of 2022 on merits and in accordance with law as expeditiously as possible.

4. In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 07.03.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No dss To:

1.The I Additional District Court, Maurai.

2. The the Principal District Court, Thoothukudi.

C.SARAVANAN, J.

dss Order made in Tr.C.M.P.(MD) No.48 of 2023 and CMP(MD)No.1075 of 2023 Dated:

07.03.2023