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Madras High CourtTR CMP(MD)/367/2015allowed

D. Santhosh v. Arthiga

2015-12-22Honourable Mr Justice T.Mathivanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P(MD)No.367 of 2015 and M.P.(MD).No.1 of 2015 D.Santhosh .. Petitioner/Respondent Vs.

Arthiga .. Respondent/Petitioner PRAYER: This Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.06 of 2015 from the file of the learned Principal Subordinate Judge, Paramakudi filed by the respondent and transfer the same to the file of the learned Principal Subordinate Judge, Tiruchirapalli.

For Petitioner : Mr.K.N.Karunakaran For Respondent : Mr.P.Santhosh Kumar

ORDER

This petition is filed under Section 24 of the Code of Civil Procedure to withdraw the matrimonial proceedings in H.M.O.P.No.06 of 2015 from the file of the learned Principal Subordinate Judge, Paramakudi and transfer the same to the file of the learned Principal Subordinate Judge, Tiruchirapalli for disposal in the manner known to law.

2.The respondent has filed a petition for divorce in H.M.O.P.No.06 of 2015 before the Principal Subordinate Court, Paramakudi.

3.This petition is filed by the respondent, who is none other than her husband to withdraw the above said matrimonial proceedings from the file of the learned Principal Subordinate Judge, Paramakudi and transfer the same to the file of the Principal Subordinate Court, Tiruchirappalli. 4.The petitioner has stated that when he attended the Principal Sub-Court, Paramakudi for hearing in respect of H.M.O.P.No.06 of 2015, the respondent, her family members and their henchmen had abused him in filthy language within the Court campus and threatened him with dire consequences. Even on the next hearing also, he was warned severely by the family members of the respondent. Therefore, he apprehends danger at the hands of the respondent's family members. Secondly, he has also pointed out the https://hcservices.ecourts.gov.in/hcservices/

distance between his residential place of Trichy and Paramakudi where the Principal Sub-Court is located. According to him, the distance is about 150 kms and this is also one of the reasons assigned by the petitioner for the withdrawal of the above said matrimonial proceedings from the file of the Family Court, Paramakudi.

5.Heard, Mr.K.M.Karunakaran, learned counsel appearing for the petitioner and Mr.P.Santhosh Kumar, learned counsel appearing for the respondent.

6.Both the learned counsel have suggested that the above said matrimonial proceedings in H.M.O.P.No.06 of 2015 might by ordered to be transferred to the file of the Family Court, Madurai instead of the Principal Subordinate Court, Tiruchirappalli. 7.In view of the suggestions made by both the learned counsel, this Court finds that it maybe expedient to transfer the above said matrimonial proceedings to the file of the Family Court Madurai instead of the Principal Subordinate Court, Tiruchirappalli.

8.Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the matrimonial proceedings in H.M.O.P.No.06 of 2015 is ordered to be withdrawn from the file of the Principal Sub Court, Paramakudi and transferred to the file of the Family Court, Madurai and the Family Court, Madurai is directed to dispose of the case within a period of two months from the date of receipt of a copy of this order. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO.Dept.,)I/C., /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

Ns To 1.The Principal Subordinate Judge, Paramakudi. 2.The Principal Subordinate Judge, Tiruchirappalli. 3.The Judge, Family Court, Madurai.

+1 cc to Mr.P.Santhosh Kumar,Advocate SR NO.7659 rg.GSV-PM 02.03.2016 2P/5C Tr.C.M.P(MD)No.367 of 2015 and M.P.(MD).No.1 of 2015 22.12.2015 https://hcservices.ecourts.gov.in/hcservices/