Madras High CourtTR CMP(MD)/60/2020allowed

Rekha v. Marimuthu

2020-03-02Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.03.2020

CORAM

THE HONOURABLE Mrs. JUSTICE R.THARANI TR C.M.P (MD) No.60 of 2020 and C.M.P(MD) No.1084 of 2020 Rekha .... Petitioner/Respondent -VsMarimuthu ... Respondent / Petitioner Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.123 of 2019 on the file of the Sub Court, Devakottai and to transfer the same to the file of the Sub Court, Palani for trial.

For Petitioner : Mr.D.Venkatesh For Respondent : No appearance

O R D E R

The above Transfer Civil Miscellaneous petition has been filed seeking to transfer of H.M.O.P.No.123 of 2019 pending on the file of the Sub Court, Devakottai, to the Sub Court, Palani. 2.On the side of the petitioner it is stated that the petitioner has to take care of her female child who is studying in Dindigul and she could not travel upto Devakottai, leaving the girl child alone and prayed H.M.O.P.No.123 of 2019 filed by the husband seeking for divorce before the Sub Court, Devakottai, to be transferred to Sub Court, Palani.

3.Though the name of the respondent is printed, none appeared for the respondent.

4.The reasons stated by the petitioner are satisfactory. Hence, H.M.O.P.No.123 of 2019 is withdrawn and transferred from the file of the Sub Court, Devakottai, to the Sub Court, Palani. The learned Subordinate Judge, Devakottai, is directed to transmit the entire records in H.M.O.P.No.123 of 2019 to the Sub Court, Palani. The Subordinate Judge, Palani, is hereby directed to issue fresh summon to the respondent after the case is transferred and renumbered.

5.With the above the directions, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl.side) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ / /2020 Sub Assistant Registrar(CS)

cp To 1.The Sub Judge, Devakottai.

2.The Sub Judge, Palani.

+1 CC to M/s.D.VENKATESH, Advocate ( SR-9705[F] dated 03/03/2020 ) TR C.M.P (MD) No.60 of 2020 and C.M.P(MD) No.1084 of 2020 sma /16/03/2020/2p/4c 02/03/2020 https://hcservices.ecourts.gov.in/hcservices/