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Madras High CourtTR CMP(MD)/93/2021ordered

Sheila Josephine, v. A.Kartharaj,

2021-04-21Honourable Mr Justice A.A.Nakkiran2 pages

Tr CMP (MD) No. 93 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.93 of 2021 and C.M.P.(MD)No.2009 of 2021 Sheila Josephine

...Petitioner/Respondent/Wife

-vsA.Kartharaj ... Respondent/Petitioner/Husband PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw IDOP.NNo.283 of 2020 on the file of the Family Court, Dindigul and transfer the same to the Family Court, Tiruchirappalli.

For Petitioner : Mrs.T.Banumathy For Respondent : No appearance

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw I.D.O.P.No.283 of 2020 on the file of the Family Court, Dindigul and transfer the same to the Family Court, Tiruchirappalli. 2.The respondent/ husband has filed I.D.O.P.No.283 of 2020 before the Family Court, Dindigul for dissolution of marriage.

3. The learned counsel for the petitioner submitted that the petitioner is living with her parents at Ponmalaipatti, Trichy and attending her B.Ed classes daily and the final semester for the Course is going on. In such circumstances, the petitioner could not able to travel from Trichy to Dindigul for attending every hearing in I.D.O.P.No.283 of 2020 on the file of the Family Court, Dindigul.

4. Today, when the matter is taken up for hearing, there is no representation on behalf of the respondent either in person or through his counsel.

5. This Court considered the arguments made by the learned counsel for the petitioner.

6. This Court is satisfied with the reasons stated in the affidavit filed in support of this petition.

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Tr CMP (MD) No. 93 of 2021

7. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner, I.D.O.P.No.283 of 2020 is withdrawn from the file of the Family Court, Dindigul and transferred to the file of the Family Court, Tiruchirappalli for disposal as per law. The Judge, Family Court, Dindigul, is directed to transmit the papers to the Family Court, Tiruchirappalli forthwith. The Judge, Family Court, Tiruchirappalli is directed to dispose I.D.O.P.No.283 of 2020 on merits and in accordance with law as expeditiously as possible.

8. This petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) To:

1. The Judge, Family Court Dindigul 2.The Judge, Family Court, Tiruchirappalli +1 CC to M/s.T.BANUMATHY, Advocate ( SR-16814[F] dated 21/04/2021 ) Order made in Tr.C.M.P.(MD) No.93 of 2021 and C.M.P.(MD)No.2009 of 2021 Dated:

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