Madras High CourtTR CMP(MD)/97/2021ordered

Sudha v. Vivek

2021-04-22Honourable Mr Justice A.A.Nakkiran2 pages

Tr CMP (MD) No. 94 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.97 of 2021 and C.M.P.(MD)No.2085 of 2021 Sudha ... Petitioner/Respondent -vsVivek ... 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.94 of 2021 on the file of the Family Court, Madurai and to transfer the same to the Sub Court, Sangarankovil. For Petitioner : Mr.D.Senthil For Respondent : No appearance

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.94 of 2021 on the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Sankarankovil.

2.The respondent/husband has filed H.M.O.P.No.94 of 2021 before the Family Court, Madurai for divorce.

3. The learned counsel for the petitioner/wife submitted that the petitioner is living with her 1 year old female family with the support of her parents. In such circumstances, it is very difficult to travel from Tenkasi to Madurai for attending every hearing in H.M.O.P.No.94 of 2021 on the file of the Family Court, Madurai.

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 considering the submission made by the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/

Tr CMP (MD) No. 94 of 2021 petitioner, H.M.O.P.No.94 of 2021 is withdrawn from the file of the Family Court, Madurai, and transferred to the file of the Subordinate Court, Sankarankoil for disposal as per law. The Judge, Family Court, Madurai, is directed to transmit the papers to the file of the Subordinate Court, Sankarankoil forthwith. The Subordinate Judge, Sankarankoil, is directed to dispose H.M.O.P.No.94 of 2021 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 // True Copy // / /2021 Sub Assistant Registrar(CS) msa/CM To:

1. The Judge Family Court, Madurai.

2. The Subordinate Court, Sankarankoil.

+1 CC to M/s.D.SENTHIL, Advocate ( SR-17068[F] dated 22/04/2021 ) +1 CC to M/s.K.SIVA BALA, Advocate ( SR-9919[F] dated 10/03/2021 ) Order made in Tr.C.M.P.(MD) No.97 of 2021 and C.M.P.(MD)No.2085 of 2021 Dated:

22.04.2021 CN(06.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/