Manju @ V. Anandhavalli v. A.V.Venugopal Raju @
TR C.M.P (MD) No.120 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 13.03.2020
CORAM
THE HONOURABLE Mrs. JUSTICE R.THARANI TR C.M.P (MD) No.120 of 2019 and CMP(MD)No.2642 of 2019 Manju @ V.Anandhavalli .... Petitioner -VsA.V.Venugopal Raju @ Saravanan .... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.447 of 2018 pending on the file of the Family Court, Tiruchirapalli and transfer the same to the Sub Court, Mannargudi. For Petitioner : Mr.N.Tamilmani For Respondent : Mr.C.Susikumar
O R D E R
This petition has been filed seeking transfer of H.M.O.P.No.447 of 2018 pending on the file of the Family Court, Tiruchirapalli, to the Sub Court, Mannargudi. 2.On the side of the petitioner it is stated that the petitioner is now residing at Thiruthuraipoondi with her parents. She has to take care of her 6 years old child and it is difficult for her to attend the Court at Tiruchirapalli. It is stated that the husband filed a petition in H.M.O.P.No.447 of 2018 pending on the file of the Family Court, Tiruchirapalli and the case has to be transferred to the Sub Court, Mannargudi.
3.On the side of the respondent, it is stated that there is a life threat for the husband to attend the Court at Mannargudi and the Mannargudi is far away from the residence of the respondent and prayed to transfer the case to some other Court at Tanjore. 4.The jurisdiction under the Hindu Marriage Act is not the place of convenience for the parties. The objection raised by the respondent is not valid. No prejudice will be caused to the respondent in transferring the case.
5.In the above circumstances, H.M.O.P.No.447 of 2018 is withdrawn from the file of the Family Court, Tiruchirapalli, and is transferred to the Sub Court, Mannargudi. The Family Court, Tiruchirapalli, is directed to transmit the entire records in H.M.O.P.No.447 of 2018 to the Sub Court, Mannargudi. The Sub Court, https://hcservices.ecourts.gov.in/hcservices/ 1/2
TR C.M.P (MD) No.120 of 2019 Mannargudi, is hereby, directed to issue sufficient notice to the respondent after the case is transferred and renumbered. 6.With the above the directions, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) dss To 1.The Judge, Family Court, Tiruchirapalli.
2.The Sub Judge, Mannargudi.
+1 CC to M/s.C.SUSIKUMAR, Advocate ( SR-11928[F] dated 16/03/2020 ) +1 CC to M/s.N.TAMILKANI, Advocate ( SR-11878[F] dated 16/03/2020 ) TR C.M.P (MD) No.120 of 2019 and CMP(MD)No.2642 of 2019 13.03.2020 sma/05/06/2020/2p/5c https://hcservices.ecourts.gov.in/hcservices/ 2/2