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Madras High CourtTR CMP(MD)/140/2019allowed

P.Lakshmi Priya, v. K.Balaji,

2019-09-25Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P. (MD)No.140 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P. (MD)No.140 of 2019 and C.M.P(MD) No.3072 of 2019 P.Lakshmi Priya ... Petitioner/Respondent Vs.

K.Balaji ... Respondent/Petitioner PRAYER:- Petition filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.59 of 2018 on the file of the Sub Court, Tiruchendur and transfer the same to the Family Court, Tirunelveli.

For Petitioner : Mr.I.Pinaygash For Respondent : Mr.KA.Ramakrishnan

ORDER

The above Transfer Civil Miscellaneous petition has been filed by the wife seeking to transfer H.M.O.P.No.59 of 2018 on the file of the Sub Court, Tiruchendur to the file of the Family Court, Tirunelveli.

2.The learned counsel for the respondent has no objection to transfer, as sought for by the petitioner in the present transfer civil miscellaneous petition.

3.Considering the fact that the respondent has no objection for allowing the petition, the petition in H.M.O.P.No.59 of 2018 pending on the file of the Sub Court, Tiruchendur, is ordered to be withdrawn and transferred to the file of Family Court, Tirunelveli. The learned Subordinate Judge, Tiruchendur, is directed to transmit the entire records in H.M.O.P.No.59 of 2018 to the Family Court, Tirunelveli, as soon as the order copy is produced or received by them and the learned Judge, Family Court, Tirunelveli, is directed to dispose of the said petition on merits and in accordance with law within a period of two months from the date of receipt of a copy of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P. (MD)No.140 of 2019 this order. The proceedings shall commence from the stage of crossexamination. 4.With the above direction, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) cp To 1.The Sub Judge, Tiruchendur.

2.The Judge, Family Court, Tirunelveli.

+1 CC to M/s.I.PINAYGASH, Advocate ( SR-89752[F] dated 26/09/2019 ) cp Tr.C.M.P. (MD)No.140 of 2019 and C.M.P(MD) No.3072 of 2019 KK/SAR/16.10.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2