Madras High CourtTR CMP(MD)/111/2019allowed

Anitha Jansi Mary, v. S.Venugopal @ Venugopal Jeevan

2019-10-15Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P(MD)No.111 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2019 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P(MD)No.111 of 2019 and C.M.P.(MD) No.2468 of 2019 Anitha Jansi Mary ... Petitioner Vs.

S.Venugopal @ Venugopal Jeevan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw IDOP No.49 of 2018 on the file of the Family Court Judge, Tiruchirappalli and to transfer the same to Family Court Judge, Karur for disposal. For Petitioner : Mr.S.J.Chakaravarthy For Respondent : No appearance

J U D G M E N T

This Transfer Civil Miscellaneous Petition is filed by the wife seeking transfer of IDOP No. 49 of 2018 from the file of the Family Court, Trichirappalli to the file of the Family Court at Karur.

2.Heard the learned counsel for the petitioner and there is no representation for the respondent.

3. The reasons for which transfer sought are as follows: a) The petitioner has not been maintained by the husband/respondent b) The distance between Trichy and Karur is over 100 kms and the petitioner, who is totally depending on her parents, would find it extremely difficult to travel all the way to Trichy and the same would also incur the expenditure.

4. On consideration of the reasons stated by the petitioner in the affidavit filed in support of the petition, this Court is inclined to issue the following direction:

i) The learned Judge, Family Court, Trichirappalli is directed to transmit the entire records in IDOP No.49 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.111 of 2019 of 2018 to the file of the Family Court, Karur, within a period of two weeks from the date of receipt of copy of this order.

ii) the learned Judge, Family Court, Karur, after obtaining the records on transfer, is directed to try IDOP No.49 of 2018 and dispose of the same as expeditiously as possible in accordance with law.

5. In the result, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) CM To 1.The Judge, Family Court, Trichirappalli.

2.The Judge, Family Court, Karur.

+1 CC to M/s.S.J.CHAKKKARAVARTHY, Advocate ( SR-92464[F] dated 17/10/2019 ) Tr.C.M.P(MD)No.111 of 2019 and C.M.P.(MD) No.2468 of 2019 15.10.2019 KM/(31.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2