Madras High CourtTR CMP(MD)/112/2019allowed

Kokila, v. Dhachinamoorthy,

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

Tr.C.M.P(MD)No.112 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.112 of 2019 and C.M.P.(MD) No.2469 of 2019 Kokila ... Petitioner Vs.

Dhachinamoorthy ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the H.M.O.P.No.111 of 2018 on the file of the Subordinate Judge, Kangeyam and to transfer the same to the Principal Subordinate Judge, Karur for disposal. For Petitioner : Mr.S.J.Chakkaravarthy For Respondent : No appearance

ORDER

This Transfer Civil Miscellaneous Petition is filed by the wife seeking transfer of H.M.O.P.No.111 of 2018 from the file of the Subordinate Judge, Kangeyam, to the file of the Principal Subordinate Judge, 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 Kangeyam 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 Kangeyam and the same would also incur additional 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 Subordinate Judge, Kangeyam, is directed to transmit the entire records in H.M.O.P.No.111 of 2018 to the file of the Principal Subordinate Judge, Karur, within a period of two weeks from the date of receipt of copy of this order.

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Tr.C.M.P(MD)No.112 of 2019 ii) the learned Principal Subordinate Judge, Karur, after obtaining the records on transfer, is directed to try H.M.O.P.No.111 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-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Subordinate Judge, Kangeyam.

2.The Principal Subordinate Judge, Karur +1 CC to Mr.S.J.CHAKKKARAVARTHY, Advocate ( SR-92465[F] dated 17/10/2019 ) Tr.C.M.P(MD)No.112 of 2019 and C.M.P.(MD) No.2469 of 2019 15.10.2019 CM MK (31.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2