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Madras High CourtTR CMP(MD)/58/2022allowed

V.Pon Saranya, v. T.Rajasekar,

2022-03-21Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Tr.C.M.P(MD).No.58 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI Tr.C.M.P(MD).No.58 of 2022 and C.M.P(MD)No.1202 of 2022 V.Pon Saranya

...Petitioner/Respondent

Vs.

T.Rajasekar

...Respondent/Petitioner

PRAYER: This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer the case in H.M.O.P.No.10 of 2022 on the file of the Family Court, Tiruchirappalli to the Family Court, Tuticorin District. For Petitioner : Mr.KA.Ramakrishnan For Respondent : Mr.Kathirvelu, Senior Advocate for Mr.K.Neelamegam

O R D E R

This Petition is filed to withdraw the case in H.M.O.P.No.10 of 2022 from the file of Family Court, Tiruchirappalli and transfer the same to the file of Family Court, Tuticorin District. 2.The learned counsel for the petitioner submitted that H.M.O.P.No.31 of 2021 was filed by the petitioner/wife, for divorce before the Family Court, Tuticorin and HMOP.No.10 of 2022 was filed by the respondent/husband before the Family Court, Trichy. Since the petitioner is residing at Tuticorin and connected case is also pending before the Family Court, Tuticorin, she cannot go to Trichy to attend the Court hearings. Hence, she seeks to transfer the case as prayed for.

3.Considering the facts and circumstances of the case and also considering the fact that since connected case is pending before the Family Court, Tuticorin, H.M.O.P.No.10 of 2022 is ordered to be https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD).No.58 of 2022 withdrawn from the file of Family Court, Tiruchirappalli and transferred to the file of Family Court, Tuticorin District. The Family Court, Tiruchirappalli is directed to transmit the papers to the file of the Family Court, Tuticorin, forthwith. On receipt of records, the learned Judge, Family Court, Tuticorin is directed to dispose of H.M.O.P.No.10 of 2022 along with H.M.O.P.No.31 of 2021. 4.In the result, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Presiding Officer,Family Court, Tiruchirappalli.

2.The Presiding Officer,Family Court, Tuticorin District.

+1 CC to M/s.K.NEELAMEGAM, Advocate ( SR-13691[F] dated 23/03/2022 ) Tr.C.M.P(MD).No.58 of 2022 and C.M.P(MD)No.1202 of 2022 21.03.2022 MGJ(12.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2