Madras High CourtTR CMP(MD)/132/2020allowed

Sailaja v. Prabhu

2020-03-10Honourable Mrs Justice R. Tharani2 pages

TR C.M.P (MD) No.132 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 10.03.2020

CORAM

THE HONOURABLE Mrs. JUSTICE R.THARANI TR C.M.P (MD) No.132 of 2020 and CMP(MD)No.2595 of 2020 Sailaja ... Petitioner/Respondent -VsPrabhu ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.95 of 2017 on the file of the Sub Court, Palani, Dindigul District and to transfer the same to the file of Family Court, Srivilliputhur, Viruthunagar District.

For Petitioner : M/S.D.Saranya

O R D E R

This petition has been filed seeking transfer of H.M.O.P.No.95 of 2017 on the file of the Sub Court, Palani, Dindigul District, to the Family Court, Srivilliputhur, Viruthunagar District.

2.On the side of the petitioner it is stated that the petitioner is now residing at Srivilliputhur in her parental house. The respondent has filed a petition in H.M.O.P.No.95 of 2017 for divorce before the Sub Court, Palani. Against which, the petitioner has filed a petition in H.M.O.P.No.81 of 2019 for restitution of conjugal rights and filed a petition in M.C.No.6 of 2016 for maintenance before the Family Court, Srivilliputhur and further stated that the petitioner being a lady is, facing hardship in attending the hearings at Sub Court, Palani, and hence, prayed H.M.O.P.No.95 of 2017 on the file of the Sub Court, Palani, Dindigul District, to be transferred to the Family Court, Srivilliputhur, Viruthunagar District.

3.The reasons stated by the petitioner are satisfactory. No prejudice will be caused to the respondent, who is already attending 2 cases before the Family Court, Srivilliputhure. Hence, H.M.O.P.No.95 of 2017 is withdrawn from the file of the learned Sub Court, Palani, Dindigul District, and the same is transferred to the file of the learned Family Court, Srivilliputhur, Viruthunagar District. The learned Sub Court, Palani, Dindigul District, is https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR C.M.P (MD) No.132 of 2020 directed to transmit the entire records in H.M.O.P.No.95 of 2017 to the learned Family Court, Srivilliputhur, Viruthunagar District. The learned Family Court, Srivilliputhur, Viruthunagar District, is hereby directed to issue sufficient notice to the respondent after the case is transferred and renumbered.

4.With the above the directions, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) dss To

1. The Judge, Family Court, Srivilliputhur, Viruthunagar District.

2. The Subordinate Judge, Palani, Dindigul District.

+1 CC to M/s.D.SARANYA, Advocate ( SR-10895[F] dated 10/03/2020 ) TR C.M.P (MD) No.132 of 2020 and CMP(MD)No.2595 of 2020 10.03.2020 MK (23.03.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2