Madras High CourtTR CMP(MD)/69/2021allowed

S.Sivapriya v. P.Balakumar

2021-03-29Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.69 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2021

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.69 of 2021 and C.M.P(MD) No.1259 of 2021 S.Sivapriya ... Petitioner /Respondent -VsP.Balakumar ... Respondent /Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and to transfer the case in H.M.O.P.No.9 of 2021, on the file of the Subordinate Court, Ramanathapuram, Ramanathapuram District to the Family Court, Madurai, Madurai District and consequently direct the transferee court to deal with the said case in accordance with law.

For Petitioner :

Mr.S.Balaji For Respondent :

No appearance

O R D E R

The wife seeks transfer of H.M.O.P.No.9 of 2021, pending on the file of the Sub Court, Ramanathapuram to the Family Court, Madurai.

2. Transfer is sought for mainly on the ground of convenience. Since the wife is a resident of Madurai, it will be difficult for her to commute to Ramanathapuram for prosecuting the proceedings at Sub Court, Ramanathapuram.

3.Despite service, the husband/respondent is not appearing either in person or through counsel, duly instructed. 4.Considering the convenience of the wife and as well as the husband, H.M.O.P.No.9 of 2021 is withdrawn from the file of the Sub Court, Ramanathapuram and transferred to the file of the Principal Sub Court, Madurai, to be tried in accordance with law. The Sub Court, Ramanathapuram is directed to transmit the papers to the Principal Sub Court, Madurai, forthwith.

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Tr.C.M.P(MD)No.69 of 2021

5. Accordingly, this Transfer Civil Miscellaneous Petition is disposed of. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn To 1.The the Subordinate Judge, Ramanathapuram, 2.The Principal Subordinate Court, Madurai, 3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) Order made in Tr.C.M.P(MD)No.69 of 2021 and C.M.P(MD) No.1259 of 2021 29.03.2021 CN(06.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2