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Madras High CourtTR CMP(MD)/89/2020disposed of

S.Suchithra v. V.Ganesan

2020-12-17Honourable Mr Justice R. Mahadevan2 pages

Tr.C.M.P(MD)Nos.89 and 268 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN T.R.C.M.P(MD)Nos.89 and 268 of 2020 and C.M.P(MD) Nos.1865 and 6009 of 2020 T.R.C.M.P(MD)No.89 of 2020 Suchithra ... Petitioner/Respondent -VsDr.V.Ganesan ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petitions filed under Section 24 of C.P.C.,to withdraw the H.M.O.P.No.687 of 2017 pending on the file of the Sub Court, Tambaram and transfer the same to the file of the Family Court, Tirunelveli filed by the petitioner. For Petitioner :

Mr.A.Jayaramachandran For Respondent :

Mr.M.Suresh T.R.C.M.P(MD)No.268 of 2020 V.Ganesan ... Petitioner/Respondent -VsS.Suchitra ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., pleased to withdraw and transfer the proceedings in D.V.C.No.9 of 2019 on the file of the Judicial Magistrate No-I, Tirunelveli, to competent Judicial Magistrate within Madurai District.

For Petitioner :

Mr.A.Arul Genifer For Respondent :

Mr.A.Jayaramachandran COMMON ORDER The petitioner/wife in T.R.C.M.P(MD)No.89 of 2020, who is facing the proceedings for dissolving the marriage in H.M.O.P.No.687 of 2017, on the file of the Subordinate Court, Tambaram, seeks transfer of the same to the Family Court, Tirunelveli. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)Nos.89 and 268 of 2020

2. The petitioner/husband in T.R.C.M.P(MD)No.268 of 2020, seeks transfer of the proceedings in D.V.C.No.9 of 2019 on the file of the learned Judicial Magistrate No-I, Tirunelveli to competent Judicial Magistrate Court within Madurai District.

3. When the matters are taken up for hearing, both the learned Counsel for the parties agreed for transfer of the petitions in H.M.O.P.No.687 of 2017, from the file of the Subordinate Court, Tambaram and D.V.C.No.9 of 2019, from the file of the learned Judicial Magistrate No-I, Tirunelveli, to the file of the Subordinate Court, Madurai.

4. In view of the same, these Transfer Civil Miscellaneous Petitions stand allowed. The learned Judge, Subordinate Court, Tambaram, and the learned Judge, Judicial Magistrate Court No-I, Tirunelveli, are directed to transmit the respective papers to the Subordinate Court, Madurai, forthwith.

5. The learned Judge, Subordinate Court, Madurai, is directed to dispose of the proceedings in H.M.O.P.No.687 of 2017 and D.V.C.No.9 of 2019, on merits and in accordance with law, after due notice and opportunity to both parties, within a period of six months from the date of receipt of the papers from the concerned Courts. However, there will be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn 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 Subordinate Judge,Tambaram.

2. The Judicial Magistrate No-I,Tirunelveli.

3. The Subordinate Judge, Madurai.

+1 CC to M/s L.Prabakaran ,Advocate,in SR.No.26543. Tr.C.M.P(MD)Nos.89 and 268 of 2020 17.12.2020 (VR)CO AP(06/01/2021) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2