Madras High CourtTR CMP(MD)/69/2022dismissed

T.Rama Devi v. I. Ramesh Kumar

2022-03-22Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Tr.C.M.P(MD).No.69 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI Tr.C.M.P(MD).No.69 of 2022 and C.M.P(MD)No.1382 of 2022 T.Rama Devi

...Petitioner/Respondent

Vs.

I.Ramesh Kumar

...Respondent/Petitioner

PRAYER: This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer H.M.O.P.No.17 of 2022 from the file of Family Court, Tirunelveli to the file of Family Court, Dindigul.

For Petitioner : Mr.A.Prabhu Raj For Respondent : Mr.A.Abdul Kabur

O R D E R

This Petition is filed to withdraw the case in H.M.O.P.No.17 of 2022 from the file of Family Court, Tirunelveli and transfer the same to the file of Family Court, Dindigul.

2.The learned counsel for the petitioner submitted that H.M.O.P.No. 17 of 2022 was filed by the respondent/husband, for divorce before the Family Court, Tirunelveli. The petitioner/wife has filed HMOP.No.181 of 2018, for divorce and also filed a petition in M.C.No.48 of 2018, for maintenance before the Family Court, Dindigul. Since the petitioner is residing at Dindigul, she is not able to travel from Dindigul to Tirunelveli to attend the Court hearings. Hence, she seeks transfer of the case. 3.I have considered the rival submissions made by both the learned counsel for the petitioner and the respondent and perused the materials placed before this Court.

4.A perusal of records would show that HMOP.No.181 of 2018 and M.C.No.48 of 2018 were filed by the petitioner/wife before the Family Court, Dindigul, which were dismissed for default and there is a police complaint by the respondent/husband that the petitioner and her family members threatened him. Since there is a life threat https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD).No.69 of 2022 and also both the cases were dismissed for default, the petition in HMOP.No.17 of 2022 cannot be transferred from the file of Family Court, Tirunelveli to the file of Family Court, Dindigul. 5.In view of above, this Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd To 1.The Judge The Family Court, Tirunelveli.

2.The Judge The Family Court, Dindigul.

+1 CC to M/s.A.PRABHURAJ, Advocate ( SR-13812[F] dated 23/03/2022 ) Tr.C.M.P(MD).No.69 of 2022 and C.M.P(MD)No.1382 of 2022 22.03.2022 KS(CO) KB(21.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2