Madras High CourtTR CMP(MD)/146/2020allowed

N.Vidhya v. T.Rajarajan

2020-03-13Honourable Mrs Justice R. Tharani2 pages

TR C.M.P (MD) No.146 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 13.03.2020

CORAM

THE HONOURABLE Mrs. JUSTICE R.THARANI TR C.M.P (MD) No.146 of 2020 and C.M.P(MD) No.2779 of 2020 N.Vidhya .... Petitioner/Respondent -VsT.Rajarajan .... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the proceedings in H.M.O.P.No. 106 of 2019 on the file of the learned Principal District Judge, Ariyalur and transfer the same to the file of the Sub Court, Kumbakonam for adjudication.

For Petitioner : Mr.Chamundi Bose

O R D E R

This petition has been filed seeking transfer of H.M.O.P.No. 106 of 2019 on the file of the learned Principal District Judge, Ariyalur, to the Sub Court, Kumbakonam.

2.On the side of the petitioner it is stated that the petitioner is now residing with her parents at Kumbakonam. She has to take care of her two children aged about 7 and 5 and it is difficult for her to attend the Court at Ariyalur and prayed the petition in H.M.O.P.No. 106 of 2019 on the file of the learned Principal District Judge, Ariyalur, to be transferred to the Sub Court, Kumbakonam. It is further stated that the petitioner filed a petition for restitution of conjugal rights before the Sub-Court, Kumbakonam, and the same is yet to be numbered. 3.The reasons stated by the petitioner are satisfactory. No prejudice will be caused to the respondent. Hence, H.M.O.P.No.106 of 2019 is withdrawn from the file of the learned Principal District Judge, Ariyalur, and is transferred to the Sub Court, Kumbakonam. The learned Principal District Judge, Ariyalur, is directed to transmit the entire records in H.M.O.P.No.106 of 2019 to the Sub https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR C.M.P (MD) No.146 of 2020 Court, Kumbakonam. The Sub Court, Kumbakonam, is hereby, directed to issue fresh summon 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 (Crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) dss To 1.The Principal District Judge, Ariyalur.

2.The Sub Court, Kumbakonam.

+1 CC to M/s.CHAMUNDI BOSE, Advocate ( SR-11516[F] dated 13/03/2020 ) TR C.M.P (MD) No.146 of 2020 and C.M.P(MD) No.2779 of 2020 13.03.2020 SP (07.05.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2