Madras High CourtTR CMP(MD)/192/2017allowed

M.Sivasakthi v. Madhusoothanan

2017-06-12Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2017 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.192 of 2017 and C.M.P(MD)No.4293 of 2017 M.Sivasakthi ... Petitioner/Respondent/Respondent Vs.

Madhusoothanan ... Respondent/Petitioner/Petitioner Prayer: Petition filed under Section 24 of Civil Procedure Code to withdraw the case in I.A.No.185 of 2017 in H.M.O.P.CFR.No.1210 of 2017 from the file of the Principal Family Court, Coimbatore and transfer the same to the Sub Court, Thiruchendur, Thoothukudi District.

For Petitioner : Mr.R.Ganesh Prabu For Respondent : No appearance * * * *

O R D E R

The petitioner, who is the respondent in I.A.No.185 of 2017 in H.M.O.P.CFR.No.1210 of 2017, seeks transfer of the proceedings in the said I.A. from the file of the Principal Family Court, Coimbatore, to the file of the Sub Court, Tiruchendur, Thoothukudi District.

2.The transfer is sought for mainly on the ground of convenience. The wife claims to be a resident of Padukkapathu in Thoothukudi District, within the jurisdiction of Sub Court, Thiruchendur. Even in the Original Petition, namely, I.A.No.185 of 2017 in H.M.O.P.CFR.No.1210 of 2017 filed before the Principal Family Court, Coimbatore, the address of the wife is given as Padukkapathu in Thoothukudi District.

3.Though the respondent/husband has been served on 12.05.2017, he has neither chosen to appear in person nor has he engaged a Counsel duly instructed.

4. Considering the averments made in the transfer petition and the convenience of the wife, the proceedings in I.A.No.185 of 2017 in H.M.O.P.CFR.No.1210 of 2017 is withdrawn from the file of the Principal Family Court, Coimbatore and transferred to the file of the Sub Court, Tiruchendur, Thoothukudi District. The Principal Family Court, Coimbatore, is directed to transmit the papers in https://hcservices.ecourts.gov.in/hcservices/

I.A.No.185 of 2017 in H.M.O.P.CFR.No.1210 of 2017 to the file of the Sub Court, Tiruchendur, Thoothukudi District, within a period of two weeks from the date of receipt of a copy of this order.

5. In the result, this Transfer Civil Miscellaneous Petition is ordered as above. No costs. Consequently, the connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Judge, Family Court, Coimbatore.

2.The Subordinate Judge, Thiruchendur.

+1cc to M/s. R.GANESH PRABU Advocate in SR. No.59950 SJ JS/SV.MMS/SAR.3/20.6.2017/2P-4C Tr.C.M.P(MD)No.192 of 2017 and C.M.P(MD)No.4293 of 2017 12.06.2017 https://hcservices.ecourts.gov.in/hcservices/