Madras High CourtTR CMP(MD)/108/2021ordered

S.Surya Prabha v. S.Venkatesan

2021-04-23Honourable Mr Justice A.A.Nakkiran2 pages

Tr CMP (MD) No. 108 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.108 of 2021 and C.M.P.(MD)No.2251 of 2021 S.Surya Prabha ... Petitioner/Respondent -vsS.Venkatesan ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.183 of 2019 on the file of the Family Court, Sivagangai District Court to transfer the same to the Family Court, Madurai, Madurai District.

For Petitioner : Mr.M.Mahendran For Respondent : No appearance

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.183 of 2019 on the file of the Family Court, Sivagangai District Court and transfer the same to the Family Court, Madurai, Madurai District.

2.The respondent/husband has filed H.M.O.P.No.183 of 2019 before the Family Court, Sivagangai District for dissolution of marriage.

3. The learned counsel for the petitioner/wife submitted that the petitioner is living with her mother's house at Madurai and the distance between Madurai and Sivagangai is about 70 kms. In such circumstances, it is very difficult to travel from Madurai to Sivagangai for attending every hearing in H.M.O.P.No.183 of 2019 on the file of the Family Court, Sivagangai District.

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

7. Considering the facts and circumstances of the case and https://hcservices.ecourts.gov.in/hcservices/

Tr CMP (MD) No. 108 of 2021 considering the submission made by the learned counsel for the petitioner, H.M.O.P.No.183 of 2019 is withdrawn from the file of the Family Court, Sivagangai District, and transferred to the file of the Family Court, Madurai, Madurai District for disposal as per law. The Judge, Family Court, Sivangai District, is directed to transmit the papers to the file of the Family Court, Madurai, Madurai District forthwith. The Judge, Family Court, Madurai, is directed to dispose H.M.O.P.No.183 of 2019 on merits and in accordance with law as expeditiously as possible.

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

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

1. The Judge Family Court, Sivagangai District.

2. The Family Court, Madurai, Madurai District.

+1 CC to M/s.A.ALEXANDER, Advocate ( SR-17298[F] dated 23/04/2021 ) Order made in Tr.C.M.P.(MD) No.108 of 2021 and C.M.P.(MD)No.2251 of 2021 Dated:

23.04.2021 CN(03.05.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/