Madras High CourtTR CMP(MD)/141/2017ordered

C.Muthukarthik, v. L.S.Priyadarshini,

2017-04-26Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.141 of 2017 in C.M.P(MD)No.3170 of 2017 C.Muthukarthik ... Petitioner/Respondent Vs.

L.S.Priyadarshini ... Respondent/Petitioner Petition filed under Section 24 of the Code of Civil Procedure 1908, to withdraw the case on the file of the Family Court, Srivilliputhur, Virudhunagar District in H.M.O.P.No.115 of 2016 and transfer the same to any other Court of any other District nearer for both party.

For Petitioner :Mr.S.R.A.Ramachandhran For Respondent :Mr.M.Ashok Kumar

ORDER

The husband who is the petitioner in H.M.O.P.No.85 of 2016 on the file of the Principal Sub Court, Srivilliputtur and the respondent in H.M.O.P.No.115 of 2016 on the file of the Family Court, Srivilliputtur has filed this petition seeking transfer of H.M.O.P.No.115 of 2016 from the file of the Family Court, Srivilliputtur to any other Court in the District. 2.The ground alleged for such transfer is that it is difficult for him to attend the Family Court for each and every hearing.

3.Learned counsel for the petitioner submitted that H.M.O.P.No.85 of 2016 pending before the Principal Sub Court, Srivilliputtur may be transferred to the Family Court, Srivilliputtur for joint hearing along with H.M.O.P.No.115 of 2016 which is already pending before the Family Court, Srivilliputhur. 4.Learned counsel for the respondent has no objection for such transfer.

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5.Accordingly, H.M.O.P.No.85 of 2016 pending on the file of the Principal Sub Court, Srivilliputtur is withdrawn and transferred to the Family Court, Srivilliputtur to be tried along with H.M.O.P.No.115 of 2016. The learned Subordinate Judge, Srivilliputtur is directed to transmit the records in H.M.O.P.No.85 of 2016 within a period of two weeks from the date of receipt of copy of this order to the Family Court, Srivilliputtur.

6.The Transfer Civil Miscellaneous Petition is ordered accordingly. No costs. Consequently, C.M.P.(MD)No.3170 of 2017 is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Principal Subordinate Judge, Srivilliputtur 2.The Judge, Family Court, Srivilliputhur, Virudhunagar District +One cc to Mr.S.R.A.Ramachandran, Advocate, SR.No.54771 +One cc to Mr.M.Ashok Kumar, Advocate, SR.No.54577 rm/vsg RL/5C/2P/MR/SAR1/8.6.2017 Tr.C.M.P(MD)No.141 of 2017 in C.M.P(MD)No.3170 of 2017 26.04.2017 https://hcservices.ecourts.gov.in/hcservices/