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Madras High CourtTR CMP(MD)/153/2015allowed

R.Mahadevi@Savithri, v. G.Sathyaseela Rajan,

2015-06-26Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2015

CORAM:

THE HONOURABLE MS.JUSTICE V.M. VELUMANI Tr.C.M.P.(MD).No.153 of 2015 and M.P.(MD).No. 1 of 2015 R. Mahadevi @ Savithri : Petitioner/Respondent Vs.

G. Sathyaseela Rajan : Respondent/Petitioner Prayer: This Transfer CMP is filed under Section 24 of CPC praying to withdraw and transfer the petition made in HMOP.No.66 of 2014 on the file of the Sub Court, Srivilliputur to the Sub Court, Kovilpatti. For Petitioner : Mr. S. Natarajan For Respondent : Mr. G. Marimuthu

O R D E R

The petitioner, who is the respondent in HMOP.No.66 of 2014 filed this petition, to transfer HMOP.No.66 of 2014 from the file of Sub Court, Srivilliputur, to Sub Court, Kovilpatti.

2. The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 27.11.2006. Two children were born in the wedlock. Due to mis-understanding, both the petitioner and respondent are living separately. The respondent filed HMOP.No.66 of 2014, on the file of Sub Court, Srivilliputur, for divorce.

3. According to the petitioner, now, she is residing at Kovilpatti with her aged mother and children and there is no one to accompany her to attend each and every hearing, before Sub Court, Srivilliputur. Further, the petitioner is suffering from back pain. The distance between Srivilliputur and Kovilpatti is approximately 60 Kilometers and it is very difficult for the petitioner to travel each and every hearing to attend HMOP.NO.66 of 2014, before the Sub Court, Srivilliputur. In the circumstances, the petitioner has filed the present petition to transfer HMOP.No.66 of 2014, from the file of the Sub Court, Srivilliputur, to Sub Court, Kovilpatti.

4. The learned counsel for the respondent submitted that the respondent has no objection to allow this petition and he has also made an endorsement to that effect.

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5. Heard the learned counsel appearing for both parties.

6. Recording the endorsement made by the learned counsel for the respondent, the Transfer CMP is allowed and HMOP No.66 of 2014, pending on the file of the Sub Court, Srivilliputur, is ordered to be withdrawn and transferred to the file of the Sub Court, Kovilpatti. The learned Subordinate Judge, Srivilliputur, is directed to transmit the entire records pertaining to the case in HMOP No.66 of 2014 to the transferee Court, within a week from the date of receipt of a copy of this order. The Registry is also directed to send back the papers that are pending before the Registry. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Subordinate Judge, Srivilliputur

2. The Subordinate Judge, Kovilpatti.

+1cc to M/S.G.Marimuthu, Advocate in SR.No 34102 +1cc to M/S. S.Natarajan, Advocate in SR.No 34134 Copy to The Section officer, VR Section, Madurai Bench of Madras High Court, Madurai.

TS/21.07.2015/2P - 6C Tr.C.M.P.(MD).No.153 of 2015 and M.P.(MD).No. 1 of 2015 26.06.2015 https://hcservices.ecourts.gov.in/hcservices/