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Madras High CourtTR CMP(MD)/183/2020disposed of

N.Karunambal v. G.Dharman

2021-07-06Honourable Mr Justice A.A.Nakkiran2 pages

Tr CMP (MD) No.125 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.183 of 2020 and C.M.P(MD) No.3381 of 2021 N.Karunambal ... Petitioner -vsG.Dharman ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.105 of 2019 on the file of the learned Subordinate Judge, Mettur, Salem District and transfer the same to the learned Subordinate Judge at Nagercoil, Kanyakumari District. For Petitioner : Mr.S.Karthikeyan For Respondent : Mr.S.Venkatesh

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.105 of 2019 on the file of the learned Subordinate Judge, Mettur, Salem District and transfer the same to the learned Subordinate Judge at Nagercoil, Kanyakumari District. 2.The respondent/husband has filed H.M.O.P.No.105 of 2019 before the Subordinate Judge, Mettur, Salem District, for dissolution of marriage.

3. The learned counsel for the petitioner/wife submitted that the petitioner is living with her parents at Nagercoil, where she is working as Assistant Professor in Sree Ayyappa College for Women. The respondent and his family members are very influential persons in that locality and she apprehends life threat at the hands of the respondent. The distance between Mettur to Nagercoil is nearly 500 kms. In these circumstances, it is difficult for the petitioner to travel from Nagercoil to Mettur for attending the Court hearing in H.M.O.P.No.105 of 2019. Hence, he seeks to transfer the case to the file of Sub Court, Nagercoil, Kanyakumari District.

4. The learned counsel appearing for the respondent submitted that since the H.M.O.P is pending before the Sub Court, Mettur, Salem District, the appearance of the petitioner is not necessary and the petitioner is also residing near the Sub Court, Mettur. The witnesses of both the parties will be from Salem District only and if the case is transferred to Nagercoil, they will also be https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr CMP (MD) No.125 of 2021 harassed physically. Therefore, he has strongly opposed to transfer the case. However, he submitted that if this Court feels to transfer the case, the same may be transferred to any centre place.

5.Considering the submissions made by both counsel, this Court transfer the case to the file of Family Court, Madurai.

6. Considering the facts and circumstances of the case and considering the arguments made by both sides, H.MO.P.No.105 of 2019 is withdrawn from the Subordinate Court, Mettur, Salem District and transferred to the file of learned Judge, Family Court, Madurai, for disposal as per law. The learned Subordinate Judge, Mettur, Salem District, is directed to transmit the papers to the Family Court, Madurai, forthwith. The learned Judge, Family Court, Madurai, is directed to dispose H.M.O.P.No.105 of 2019 on merits and in accordance with law as expeditiously as possible. 7.The personal appearance of both parties before the Family Court, Madurai, is dispensed with, except on the dates of hearing, on which, the learned Judge insists upon the parties to appear before the Court. On other hearing dates, the counsel on behalf of the parties may appear before the court.

8.In fine, this Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) msa/cp To:

1.The Subordinate Judge, Mettur, Salem District. 2.The Judge, Family Court, Madurai.

+1 CC to M/s.S.VENKATESH, Advocate ( SR-21410[F] dated 06/07/2021 ) Order made in Tr.C.M.P.(MD) No.183 of 2020 and C.M.P(MD) No.3381 of 2021 Dated:

06.07.2021 CN(14.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2