Madras High CourtTR CMP(MD)/196/2019allowed

Kali Priya, v. Manikandan,

2020-03-12Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12.03.2020

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI TR C.M.P (MD) No.196 of 2019 and C.M.P(MD) No.4523 of 2019 Kali Priya

...Petitioner/Respondent

-VsManikandan

...Respondent/petitioner

Prayer: This transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.87 of 2019 pending on the file of Family Court, Sivagangai and to transfer the same to the Subordinate Court, Paramakudi. For Petitioner : Mr.K.R.Shiva Shankari For Respondent : No Appearance

O R D E R

The above Transfer Civil Miscellaneous petition has been filed by the wife seeking the transfer of H.M.O.P No.87 of 2019 on the file of the Family Court, Sivagangai, to the Sub Court, Paramakudi.

2.On the side of the petitioner, it is stated that the petitioner is residing in a village at Muthukulathur taluk. The husband has filed a petition in H.M.O.P.No.87 of 2019 for restitution of conjugal rights, which is pending on the file of the Family Court, Sivagangai. It is stated that the petitioner has to take care of her child, who is 31⁄2 years old and that the petitioner finds it difficult to attend the court proceedings at the Family Court, Sivagangai leaving the child alone and hence, prayed the case may be transferred to the Sub Court, Paramakudi. 3.There is no representation on the side of the respondent. No prejudice will be caused to the husband in transferring the case. Hence, in H.M.O.P.No.87 of 2019 is withdrawn from the file of the Family Court, Sivagangai, and is transferred to the Sub Court, Paramakudi.

The learned Judge, Family Court, Sivagangai, is directed to transmit the entire records in H.M.O.P.No.87 of 2019 to the Sub Court, Paramakudi. The learned Subordinate Judge, Paramakudi, is hereby directed to issue notice to the respondent, after the case is renumbered.

4.With the above directions, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (records) // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ MRN

To 1.The Judge, The Family Court, Sivagangai.

2.The Sub Judge, Paramakudi.

+1 CC to M/s.S.SRINIVASARAGAVAN, Advocate ( SR-11450[F] dated 12/03/2020 ) TR C.M.P (MD) No.196 of 2019 12.03.2020 KB(29/05/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/