V.Jeevarathnam, v. Linga Duraichi @ Crena

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Tr.C.M.P.(MD).No.162 of 2018 and C.M.P.(MD).No.3837 of 2018 V. Jeevarathinam ... Petitioner/Petitioner Vs.

Linga Duraichi @ Crena ... Respondent/Respondent Prayer: The Transfer Civil Miscellaneous Petition is filed under Section 24 C.P.C to transfer the IDOP.No.115 of 2017 on the file of the Additional District and Sessions Court, Fast Track Court, Tenkasi, Thirunelveli District to Principal District Court, Tuticorin.

For Petitioner : Ms. S.Ragaventhre For Respondent : Mr. T.Indrachithu

O R D E R

The Transfer Civil Miscellaneous Petition is filed to transfer the IDOP.No.115 of 2017, on the file of the Additional District and Sessions Court, Fast Track Court, Tenkasi, Thirunelveli District to Principal District Court, Tuticorin.

2. The petitioner herein is the husband and the respondent is the wife. The marriage between the petitioner and the respondent was solemnized on 09.09.2013. Due to the misunderstanding, the respondent left the matrimonial home. Thereafter, the petitioner / husband filed IDOP.No.115 of 2017, for divorce, on the file of the Principal District Court, Thirunelveli and thereafter, it has been transferred to the Additional District and Sessions Court, Fast Track Court, Tenkasi, Thirunelveli District.

3. The learned counsel appearing for the respondent submitted that the petitioner is a practicing Advocate at Tuticorin and if the case is transferred to the Principal District Court, Tutiocorin, the respondent will put to suffer.

4. The learned counsel appearing for the petitioner submitted that the case may be transferred to District Court, Thirunelveli, which is a middle place for both sides, instead of transferring the case to the Principal District Court, Tuticorin, for which, the learned counsel appearing for the respondent has no objection.

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5. I have heard the learned counsel appearing on either side.

6. In view of the above submission, this petition is disposed of with the following directions:

(a) The learned Additional District and Sessions Judge, Fast Track Court, Tenkasi, Thirunelveli District, is directed to transmit the entire records pertaining to the case in the IDOP.115 of 2017, to the District Court, Thirunelveli, within a period of two weeks from the date of receipt of a copy of this order, if the same is not yet disposed of.

(b) The learned District Judge, Thirunelveli, after obtaining the records on transfer, is directed to dispose of the said IDOP, within a period of three months, thereafter.

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

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Additional District and Sessions Court, Fast Track Court, Tenkasi, Thirunelveli District.

2. The District Court, Thirunelveli.

+1cc to Mr.K.Prabhu, Advocate Sr.No.74453 +1cc to Mr.T.Indrachithu, Advocate Sr.No.74589 TRP VB/MMS/SAR4/07/08/2018/2P/5C Tr.C.M.P.(MD).No.162 of 2018 and C.M.P.(MD).No.3837 of 2018 20.07.2018 https://hcservices.ecourts.gov.in/hcservices/