P. Amaloorpava Jessic Bevla v. S. Nagarajan

Tr CMP (MD) No. 177 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.177 of 2020 and CMP(MD).No.3275 of 2020 P.Amaloorpava Jessie Beula ... Petitioner /Respondent -vsS.Nagarajan .... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the case in I.D.O.P.No.464 of 2019 on the file of the Family Court at Trichy, Trichy District to Family Court at Tirunelveli, forthwith. For Petitioner : Mr.A.D.Ganeshamoorthy For Respondent : Mr.A.Azhagesan

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw and transfer the case in I.D.O.P.No.464 of 2019 on the file of the Family Court at Trichy, Trichy District to Family Court at Tirunelveli, forthwith.

2.The respondent/husband has filed I.D.O.P.No.464 of 2019 before the Family Court at Trichy for divorce. 3.The learned counsel for the petitioner/wife submitted that the petitioner is having one female child, who is aged about 4 years and both are residing in the parental home at Viravanallur, Cheranmadevi Taluk, Tirunelveli District. The distance between Viravanallur and Trichy is nearly 326 kms. In such circumstances, it is difficult for the petitioner to attend the hearing in I.D.O.P.No.464 of 2019 before the Family Court, Trichy. Therefore, he seeks to transfer the case to Tirunelveli. 4.The learned counsel for the respondent/husband has no objection to allow the petition. However, he would submit that the personal appearance of the party may be dispensed with. 5.Considering the facts and circumstances of the case and considering the submission made by both counsel, I.D.O.P.No.464 of 2019 is withdrawn from the Family Court, Trichy and transferred to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr CMP (MD) No. 177 of 2020 the file of Family Court, Tirunelveli, for disposal as per law. The learned Judge, Family Court, Trichy, is directed to transmit the papers to the file of the Family Court, Tirunelveli, forthwith. The learned Judge, Family Court, Tirunelveli, is directed to dispose of the proceedings in I.D.O.P.No.464 of 2019 on merits and in accordance with law as expeditiously as possible. 6.The personal appearance of both parties before the Family Court, Tirunelveli, is dispensed with, except the dates of hearing, on which, the learned Judge insisted upon the parties to appear before the Court. On other hearing dates, the counsel on behalf of the parties may appear before the court.

7.In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) msa NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Judge, Family Court, Trichy.

2. The Judge, Family Court, Tirunelveli.

Tr.C.M.P.(MD) No.177 of 2020 and CMP(MD).No.3275 of 2020 26.07.2021 RD(2.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2