A.Jancy Komash, v. J.Antony Mithunkumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR.C.M.P.(MD).No.82 of 2018 and C.M.P.(MD)No.1902 of 2018 A.Jancy Komash ... Petitioner/Respondent-Wife Vs.

J.Antony Mithunkumar ... Respondent/Petitioner-Husband PRAYER : Transfer Civil Miscellaneous petition is filed under Section 24 r/w. Section 151 of Civil Procedure Code, to withdraw the case on the file of the Family Court, Madurai, in I.D.O.P.No.52 of 2017 and transfer the same to the Principal District Court, Ramanathapuram.

For Petitioner : Mr.S.Mahendrapathy For Respondent : Mr.G.Mohankumar

O R D E R

The parties herein got married on 12.05.2016. The marriage took place at Ramnad. The relationship between the parties appears to have come under strain. The respondent instituted I.D.O.P.No.52 of 2017 before the Family Court, Madurai, seeking dissolution of the marriage with the petitioner herein. The petitioner seeks transfer of the said I.D.O.P., to Ramnad.

2. The learned counsel appearing for the petitioner herein withdraws the allegations made against the respondent herein. The learned counsel for the petitioner on instructions from the petitioner specifically undertakes that she will not lodge any police case against the respondent. This undertaking has been obtained from the petitioner, as the learned counsel for the respondent expressed the apprehension that if he stays in Ramanathapuram, he may be harassed with some police case. https://hcservices.ecourts.gov.in/hcservices/

3. Recording the said undertaking given by the petitioner, I.D.O.P.No.52 of 2017 pending on the file of the Family Court, Madurai is withdrawn and transferred to the file of the learned Principal District Judge, Ramanathapuram. The learned Principal District Judge, Ramanathapuram, is directed to dispose of the said I.D.O.P., within a period of one year from the date of receipt of a copy of this order.

4. The Transfer Civil Miscellaneous petition stands allowed, accordingly. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Principal District Judge, Ramanathapuram.

2. The Judge, Family Court, Madurai.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1CC TO MR.S.MAHENDRAPATHY ADVOCATE IN S.R.NO.79567. +1CC TO MR.G.MOHANKUMAR ADVOCATE IN SR.NO.78929. PMU DS SKN SAR-1;07.09.2018; 2P/7C ORDER MADE IN TR.C.M.P.(MD).No.82 of 2018 and C.M.P.(MD)No.1902 of 2018 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/