Madras High CourtTR CMP(MD)/75/2022dismissed

K.N.Gopi v. J.Sangeetha

2022-02-25Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Tr.C.M.P(MD).No.75 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI Tr.C.M.P(MD).No.75 of 2022 K.N.Gopi

...Petitioner/Petitioner

Vs.

J.Sangeetha

...Respondent/Respondent

PRAYER: This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.605 of 2019 on the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Coimbatore. For Petitioner : Mr.AN.Ramanathan

O R D E R

This Petition is filed to withdraw the case in H.M.O.P.No.605 of 2019 pending before the Family Court, Madurai and transfer the same to the file of Family Court, Coimbatore. 2.The learned counsel for the petitioner submitted that H.M.O.P.No.605 of 2019 was filed by the petitioner/husband, for divorce before the Family Court, Madurai. Since the petitioner is residing at Coimbatore along with his nine years old son, he is not able to travel along with his son from Coimbatore to Madurai to attend the Court hearings. Hence, he seeks transfer of the case from the file of Family Court, Madurai to the file of Family Court, Coimbatore.

3.I have considered the rival submissions made by the learned counsel for the petitioner and perused the materials placed before this Court. Since the respondent/wife is residing at Madurai, the petition in H.M.O.P.No.605 of 2019 cannot be transferred from the file of Family Court, Madurai to the file of Family Court, Coimbatore.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD).No.75 of 2022 4.In view of above, this Transfer Civil Miscellaneous Petition is dismissed. However, the learned Judge, Family Court, Madurai is directed to send the case to Mediation Centre. Sd/- Assistant Registrar(WRITS) /TRUE COPY/ 28/02/2022 Sub Assistant Registrar(CS) vsd Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Judge, Family Court, Madurai.

2.The Judge,Family Court, Coimbatore.

Tr.C.M.P(MD).No.75 of 2022 25.02.2022 MK/28.02.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2