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Madras High CourtTR CMP(MD)/240/2019disposed of

Karoline, v. Thainees,

2020-11-10Honourable Mr Justice R. Mahadevan2 pages

Tr.C.M.P(MD)No.240 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2020

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN Tr.C.M.P(MD)No.240 of 2019 and C.M.P(MD) No.5570 of 2019 Karoline ... Petitioner/Respondent -VsThainees ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and to transfer the I.D.O.P.No.15 of 2019 pending before the learned District and Sessions Court, Sivagangai to learned Principal District Judge, Pudukottai. For Petitioner :

Mr.R.Ganesh Prabu For Respondent :

No Appearance

O R D E R

The petitioner/wife, who is facing the proceedings for dissolving the marriage at the instance of the husband in I.D.O.P.No.15 of 2019, on the file of the District and Sessions Court, Sivagangai, seeks transfer of the same to the Principal District Court at Pudukottai District, to be tried along with petition for dissolving the marriage filed by her in I.D.O.P.No.24 of 2018.

2. Admittedly, the wife resides at Pudukottai district and transfer is sought for mainly on the ground of convenience.

3. Considering the convenience of the wife, I.D.O.P.No.15 of 2019, on the file of the District and Sessions Court, Sivagangai, can be transferred to the Principal District Court at Pudukottai, to be tried along with I.D.O.P.No.24 of 2018.

4. In view of the above, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in I.D.O.P.No.15 of 2019 is withdrawn from the file of the District and Sessions Court, Sivagangai and transferred to the Principal District Court at Pudukottai, to be tried along with I.D.O.P.No.24 of 2018. The learned Judge, District and Sessions Court, Sivagangai, is directed to transmit the papers to the Principal District Court at Pudukottai, forthwith.

5. The learned Judge, Principal District Court at Pudukottai, is directed to dispose of the proceedings in I.D.O.P.No.15 of 2019 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.240 of 2019 along with I.D.O.P.No.24 of 2018, within a period of six months from the date of receipt of the papers from the District and Sessions Court, Sivagangai, after due notice and opportunity to both parties. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) pkn/pm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District and Sessions Judge, Sivagangai.

2. The Principal District Judge, Pudukottai.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

Tr.C.M.P(MD)No.240 of 2019 10.11.2020 VR(CO) KB(24.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2