Madras High CourtTR CMP(MD)/256/2019allowed

Sathyapriya, v. Dilli Ganesh,

2020-03-16Honourable Mrs Justice R. Tharani2 pages

TR C.M.P (MD) No.256 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 16.03.2020

CORAM

THE HONOURABLE Mrs. JUSTICE R.THARANI TR C.M.P (MD) No.256 of 2019 and C.M.P.(MD)No.5917 of 2019 Sathyapriya ... Petitioner / Respondent -VsDilli Ganesh ... Respondent / Petitioner Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.271 of 2019 on the file of the Sub Court, Thambaram and to transfer the same to the Sub Court, Theni. For Petitioner : Mr.B.Jeyakumar For Respondent : Mr.T.Chandrasekaran

O R D E R

This Transfer Civil Miscellaneous petition is filed by the petitioner / wife seeking to transfer H.M.O.P.No.271 of 2019 on the file of the Sub Court, Thambaram, to the file of the Sub Court, Theni.

2. On the side of the petitioner, it is stated that the petitioner / wife is now residing at Theni, she has not able to travel to Thambaram to attend the Court hearings. The respondent / husband has filed a petition in H.M.O.P.No.271 of 2019 on the file of the Sub Court, Thambaram, seeking for divorce and prayed the case to be transferred to Sub Court, Theni.

3. Since preference is given to the wife in family matters by the Hon'ble Apex Court, this Court is of the view that the case pending before the Sub Court, Thambaram, in H.M.O.P.No.271 of 2019 is withdrawn and is transferred to the Sub Court, Theni.

4. The Subordinate Judge, Thambaram, is directed to transmit the entire records in H.M.O.P.No.271 of 2019 to the Sub Court, Theni.

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TR C.M.P (MD) No.256 of 2019

5. The Subordinate Judge, Theni, is hereby directed to issue sufficient notice to the respondent, after the case is transferred and renumbered.

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

Sd/- Assistant Registrar (AD - I) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls To 1.The Sub Court, Theni.

2.The Sub Court, Thambaram.

+1 CC to M/s.B.JEYAKUMAR, Advocate ( SR-11972[F] dated 17/03/2020 ) TR C.M.P (MD) No.256 of 2019 16.03.2020 CV/(14.05.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2