Madras High CourtTR CMP(MD)/216/2019allowed

Meyyammai v. S.L.Sinna Lakshmanan

2019-10-16Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P.(MD) No.216 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA TR.C.M.P.(MD) No.216 of 2019 and C.M.P.(MD) No.5061 of 2019 Meyyammai ... Petitioner/Respondent vs.

S.L.Sinna Lakshmanan ... Respondent/ Petitioner Prayer:-This Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the HMOP.No.810 of 2018 on the file of the Sub Court, Tambaram and transfer the same to the file of Family Court, Madurai.

For Petitioner : Mr.R.Karunanithi For Respondent : Mr.H.Lakshmi Shankar

ORDER

The above Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking to transfer the petition in HMOP.No.810 of 2018 filed by the respondent/husband for divorce on the file of the Sub Court, Tambaram to the file of the Family Court, Madurai. 2.The learned counsel appearing for the petitioner would submit that since the respondent/husband has not given any amount as maintenance to her till date, she is totally depending on her parents for her financial needs. Further, the learned counsel would submit that the petitioner's father was suffering from Colo-Rectal Cancer, for which, he has been admitted at Government Rajaji Hospital, Madurai and taking treatment and that the distance between Madurai and Tambaram is 440 kms. It is very difficult for her to travel from Tambaram to Madurai by herself and which is going to be an additional financial burden to her.

3.Considering the above, this Court is of the view that interest of justice would be sub-served, if the petition in H.M.O.P.No.810 of 2018 is ordered to be withdrawn and transferred from the file of the Subordinate Court, Tambaram to the file of Family Court, Madurai. The learned Subordinate Judge, Tambaram, is directed to transmit the entire records of HMOP.No.810 of 2018 to the Family Court, Madurai, as expeditiously as possible. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD) No.216 of 2019 4.This Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) mm To 1.The Subordinate Judge, Tambaram.

2.The Judge, Family Court, Madurai.

+1 CC to Mr.H.LAKSHMI SHANKAR, Advocate ( SR-92355[F] dated 17/10/2019 ) +1 CC to Mr.R.KARUNANITHI, Advocate ( SR-17627[I] dated 17/10/2019 ) TR.C.M.P.(MD) No.216 of 2019 16.10.2019 VB(20.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2