Madras High CourtTR CMP(MD)/118/2021ordered

D.Varalakshmi v. V.Raja

2021-04-30Honourable Mr Justice A.A.Nakkiran2 pages

Tr CMP (MD) No. 118 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.118 of 2021 and C.M.P.(MD)No.2379 of 2021 D.Varalakshmi ... Petitioner/Respondent -vsV.Raja ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw HMOP.No.9 of 2021 on the file of the Family Court, Perambalur and transfer the same to the file of Family Court, Tiruchirappalli.

For Petitioner : Mrs.T.Banumathy For Respondent : Mr.M.Karunanithi

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw HMOP.No.9 of 2021 on the file of the Family Court, Perambalur and transfer the same to the file of Family Court, Tiruchirappalli.

2.The respondent/husband has filed H.M.O.P.No.9 of 2021 before the Family Court, Perambalur, for dissolution of marriage.

3. The learned counsel for the petitioner/wife submitted that the petitioner is living with her parental home at Srirangam in Trichirappalli. In such circumstances, the petitioner could not able to travel from Trichy to Perambalur for attending every hearing in H.M.O.P.No.9 of 2021. Therefore, the petitioner seeks transfer of H.M.O.P.No.9 of 2021 to the file of Family Court, Trichy. 4.The learned counsel for the respondent has submitted that the respondent has no objection for transferring the case. However, he prays for expeditious disposal.

5.This Court has considered the submissions made on either side.

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 also considering the submissions made by both counsel, H.M.O.P.No.9 of 2021 on the file of the Family Court, Perambalur, is withdrawn and transferred to the file of the Family Court, Trichy, for disposal as https://hcservices.ecourts.gov.in/hcservices/

Tr CMP (MD) No. 118 of 2021 per law. The Judge, Family Court, Perambalur, is directed to transmit the papers to the Family Court, Trichy, forthwith. The Judge, Family Court, Trichy, is directed to dispose of H.M.O.P.No.9 of 2021 on merits and in accordance with law as expeditiously as possible.

8. This petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Judge, Family Court, Perambalur

2. The Judge, Family Court, Trichy +1 CC to M/s.T.BANUMATHY, Advocate ( SR-18217[F] dated 30/04/2021 ) Order made in Tr.C.M.P.(MD) No.118 of 2021 and C.M.P.(MD)No.2379 of 2021 Dated:

30.04.2021 CN(18.05.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/