Michaelin Jacquline v. Antony Sahaya Arivazhalan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR.C.M.P.(MD).No.273 of 2017 and C.M.P.(MD).No.6106 of 2017 Michaelin Jacquline ... Petitioner Vs Antony Sahaya Arivazhahan ... Respondent PRAYER : Petition filed under Section 24 of Civil Procedure Code to withdraw the I.D.O.P.No.151 of 2017 on the file of the District and Session Court, Kanniyakumari at Nagercoil and transfer the same to the file of learned Family Court, Madurai to be tried along with M.C.No.80 of 2017.

For Petitioner : Mr.R.Karunanidhi For Respondent : Mr.M.P.Senthil

ORDER

The petitioner got married to the respondent on 27.11.2015 at Nagercoil. The relationship between the parties appears to have come under strain. The respondent filed I.D.O.P.No.151 of 2017 before the District and Session Court, Kanniyakumari at Nagercoil, seeking the relief of divorce. The petitioner is based in Madurai and she finds it difficult to go over to Nagercoil and contest the proceedings there.

2.Since, the petitioner is a woman, in the interest of justice, this Court withdraws I.D.O.P.No.151 of 2017 from the file of the learned District and Sessions Judge, Kanyakumari at Nagercoil and transfers the same to the Family Court, Madurai, to be tried along with M.C.No.80 of 2017 filed by the petitioner herein.

3.The respondent need not appear on all occasions before the Family Court, Madurai. He can appear through his counsel instead. Ofcourse, he has to appear on counseling dates and on those days when his appearance is necessary.

https://hcservices.ecourts.gov.in/hcservices/

4.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar(CS-) To 1.The District and Session Judge, Kanniyakumari at Nagercoil.

2.The Judge, Family Court, Madurai.

+1. C.C. to M/S.R.Karunanidhi, Advocate SR.No. 89563 +1. C.C. to M/S.M.P.Senthil, Advocate SR.No. 89757 ORDER MADE IN TR.C.M.P.(MD).No.273 of 2017 and C.M.P.(MD).No.6106 of 2017 09.10.2018 PNN NM SV SAR 1 29 10 2018 2P 5C https://hcservices.ecourts.gov.in/hcservices/