Madras High CourtTR CMP(MD)/143/2020allowed

Vijayasanthi v. Arunkumar

2020-03-12Honourable Mrs Justice R. Tharani2 pages

TR C.M.P (MD) No.143 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12.03.2020

CORAM

THE HONOURABLE Mrs. JUSTICE R.THARANI TR C.M.P (MD) No.143 of 2020 and C.M.P.(MD)No.2742 of 2020 Vijayasanthi .... Petitioner/Respondent-wife -VsArunkumar ... Respondent/Petitioner-Husband Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.10 of 2020 on the file of the Principal Sub Court, Tenkasi and to transfer the same to the Sub Court, Kovilpatti. For Petitioner : Mr.S.Deenadhayalan

O R D E R

This Transfer Civil Miscellaneous petition is filed by the petitioner / wife seeking to transfer H.M.O.P.No.10 of 2020 on the file of the Principal Sub Court, Tenkasi , to the file of the Sub Court, Kovilpatti.

2. On the side of the petitioner, it is stated that the petitioner / wife is now residing at Kovilpatti with her parents. She has to take care of her female child. The respondent / husband has filed a petition in H.M.O.P. No.10 of 2020 on the file of the Principal Sub Court, Tenkasi, seeking for divorce and prayed the case to be transferred to Sub Court, Kovilpatti.

3. The petitioner being a lady, has to take care of her female child and could not travel to Kovilpatti to attend the Court hearings. No prejudice will be caused to the respondent. Hence, in the interest of justice, the case pending before the Principal Sub Court, Tenkasi, in H.M.O.P.No.10 of 2020 is withdrawn and is transferred to the Sub Court, Kovilpatti. The Principal Subordinate Judge, Tenkasi, is directed to transmit the entire records in H.M.O.P.No.10 of 2020 to the Sub Court, Kovilpatti.

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TR C.M.P (MD) No.143 of 2020

4. The Subordinate Judge, Kovilpatti, is hereby directed to issue sufficient notice to the respondent, after the case is transferred and renumbered.

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

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls To 1.The Sub Judge, Kovilpatti.

2.The Principal Sub Judge, Tenkasi +1cc to M/s.S.Deenadhayalan, Advocate Copy Application SR.NO.11400/2020 TR C.M.P (MD) No.143 of 2020 12.03.2020 SM/(06.05.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2