Madras High CourtTR CMP(MD)/152/2018allowed

P.Ayyammal, v. G.Natarajan,

2018-10-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD)No.152 of 2018 and C.M.P.(MD)No.3414 of 2018 P.Ayyammal

...Petitioner

/Vs./ G.Natarajan

...Respondent

Prayer: Petition - filed under Section 24 of the Civil Procedure Code, to withdraw the case in H.M.O.P.No.129 of 2018 on the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Tirunelveli for adjudication. For Petitioner : Mr.T.Thirumurugan For Respondent : Mr.K.Ponnudurai

ORDER

The petitioner got married to the respondent on 09.02.2000. The marital relationship between them appears to have come under strain. Therefore, the respondent herein filed H.M.O.P.No.129 of 2018 before the Family Court, Madurai seeking restitution of conjugal rights. The petitioner is based in Tirunelveli. Therefore, it will be difficult for the petitioner to go over to Madurai and contest the proceedings there.

2. In the interest of justice, this Court withdraws H.M.O.P.No.129 of 2018 from the Family Court, Madurai and transfers the same to the Family Court, Tirunelveli.

3. It is made clear that the respondent need not appear before the Family Court, Tirunelveli on all occasions. Of course, he has to appear on counselling date and on dates, when his examination as witness is necessary. On all other occasions, he can be represented through his counsel. Dispensing with the personal appearance of the respondent is granted in the above terms.

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4. Accordingly, the Transfer Civil Miscellaneous Petition is

allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-IV) To 1.The Judge, Family Court, Madurai.

2.The Judge, Family Court, Tirunelveli.

+ 1 CC TO Mr.T.THIRUMURUGAN, ADVOCATE IN SR No. 91903 SM TE/SV/SAR-4 : 03/12/2018 : 2P/4C Order made in Tr.C.M.P.(MD)No.152 of 2018 25.10.2018 https://hcservices.ecourts.gov.in/hcservices/