Madras High CourtTR CMP(MD)/87/2020allowed

A.Prasanna Subramaniam v. K.Nithya

2020-07-15Honourable Mr Justice N. Seshasayee2 pages

Tr CMP (MD) No. 87 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Tr.C.M.P.(MD) No.87 of 2020 and C.M.P.(MD)No.1761 of 2020 A.Prasanna Subramaniam ... Petitioner / Respondent -vsK.Nithya ... Respondent/ Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw and transfer the petition made in H.M.O.P No. 265 of 2019 on the file of the Sub Court, Theni (Now transferred to and pending on the file of the Family Court, Theni) to the file of the Family Court, Tiruppur. For Petitioner : Mr.P.M.Vishnuvarthanan For Respondent : Mr.R.Loganathan

O R D E R

The present Transfer Civil Miscellaneous Petition is filed for transfer of H.M.O.P No. 265 of 2019 from the file of the Sub Court, Theni (Now transferred to and pending on the file of the Family Court, Theni) to the file of the Family Court, Tiruppur. 2.The learned counsel for the petitioner submits that there is no scope for re-conciliation for which efforts have been taken and failed. They are also keen to file a petition for mutual divorce subject to such statutory requirements. He further submitted that the present petition may be transferred to the file of the Sub Court, Tiruppur to facilitate the parties to work on the course of action.

3. The learned counsel for the respondent does not offer any strong resistance to the proposal.

4. In these circumstances, H.M.O.P No. 265 of 2019 on the file of the Sub Court, Theni (Now transferred to and pending on the file https://hcservices.ecourts.gov.in/hcservices/ 4/4

Tr CMP (MD) No. 87 of 2020 of the Family Court, Theni) is directed to be withdrawn from the said Court and transferred to the file of the Sub Court, Tiruppur, for disposal as per law.

5. In fine, this petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 Sub Court, Theni 2.The Sub Court, Tiruppur.

Order made in Tr.C.M.P.(MD) No.87 of 2020 and C.M.P.(MD)No.1761 of 2020 Dated:15.07.2020 CM SDS (24.07.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 4/4