Madras High CourtTR CMP(MD)/172/2020allowed

Anusha v. C.Karthick

2020-09-16Honourable Mr Justice N. Seshasayee2 pages

Tr.C.M.P(MD).No.172 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 16.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Tr.C.M.P(MD).No.172 of 2020 and C.M.P(MD)No.3285 of 2020 Anusha

...Petitioner/Respondent

Vs.

C.Karthick

...Respondent/Petitioner

Prayer: This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code to withdraw the petition filed by the respondent in H.M.O.P.No.35 of 2020 on the file of the Sub Court, Devakottai, Sivagangai District and transfer the same to the Family Court, Madurai.

For Petitioner : Mr.P.Shanmuga Raja For Respondent : Mr.D.Venkatesh

O R D E R

This petition is filed seeking transfer of the petition in H.M.O.P.No.35 of 2020 now pending on the file of the Sub Court, Devakottai, Sivagangai District to the file of the Family Court, Madurai. The said petition was filed by the respondent herein for dissolution of marriage.

2. Heard the learned counsel appearing on either side.

3. The only objection raised by the learned counsel for the respondent is that the respondent was once attacked by the petitioner's father and brother. Hence, he submitted that the petitioner would be happy with any other court other than the Court at Madurai.

4. In response, the learned counsel for the petitioner would submit that there was some differences and scuffle between both sides and two separate complaints were given by both sides before Karaikudi Police Station, whereas First Information Report has been registered on the complaint given by the respondent and no case has been registered on the complaint given by the petitioner and the complaint was only received in CSR number.

5. It may have to be recorded that this Court had a video conferencing with the couple more than one occasion. This Court sensed that both sides are in a mood to move forward but they are not still moving entirely forward for a re-union. The transferee https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD).No.172 of 2020 court may explore the possibility of an amicable settlement between the parties in referring the matter to mediation.

6. In fine, this Transfer Civil Miscellaneous Petition is allowed. Accordingly, H.M.O.P.No.35 of 2020 now pending on the file of the Sub Court, Devakottai, Sivagangai District is directed to be withdrawn from the said Court and transferred to the file of the III Additional Subordinate Court, Madurai, for disposal as per law. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) CM To:

1.The Subordinate Judge, Devakottai, Sivagangai District.

2.The III Additional Subordinate Judge, Madurai.

Tr.C.M.P(MD).No.172 of 2020 and C.M.P(MD)No.3285 of 2020 16.09.2020 AVS(CO) KM (24.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2