Madras High CourtTR CMP(MD)/84/2023allowed

D. Vijitha v. T. Hariharan

2023-03-30Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Tr.C.M.P.(MD) No.84 of 2023 and C.M.P.(MD) No.2018 of 2023 D.Vijitha ... Petitioner/Respondent-Wife -vsT.Hariharan ... Respondent/ Petitioner-Husband PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case on the file of the Family Court, Namakkal, in FCOP.No.319 of 2022 and transfer the same to the Principal Sub Court, Karur and try along with H.M.O.P.No.14 of 2023 pending before the Principal Sub Court, Karur.

For Petitioner : Mr.S.Balaji

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Family Court, Namakkal, in FCOP.No.319 of 2022 and transfer the same to the Principal Sub Court, Karur and try along with H.M.O.P.No.14 of 2023 pending before the Principal Sub Court, Karur.

2.Despite notice being served through Court and privately on the respondent and the name being printed in the cause list, there is no representation on behalf of the respondent either in person or through counsel. 3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition. Hence, FCOP.No.319 of 2022 is transferred from the file of Family Court, Namakkal to Principal Sub Court, Karur, where H.M.O.P.No.14 of 2023 is pending. The Principal Sub Court, Karur, is directed to try the case along with H.M.O.P.No.14 of 2023 and dispose the same preferably within a period of 12 months from the date of receipt of a copy of this order.

4.With the above observation, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 30.03.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No dss

To:

1. The Family Court, Namakkal, 2.The Principal Sub Court, Karur.

C.SARAVANAN, J.

dss Order made in Tr.C.M.P.(MD) No.84 of 2023 and C.M.P.(MD) No.2018 of 2023 Dated:

30.03.2023