Muthulakshmi @ Lavanya v. Sivasankaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR CMP(MD)No.417 of 2017 and CMP(MD)No.8514 of 2017 Muthulakshmi @ Lavanya ... Petitioner/Respondent Vs.

Sivasankaran ... Respondent/Petitioner Prayer : This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw HMOP No.218 of 2017 on the file of the Family Court, Trichy and transfer the same to the court of the Family Court, Madurai so as to club the same with M.C No.124 of 2017 pending on the file of the Family Court Judge, Madurai.

For Petitioner : Mr.J.Lawrance For Respondent : Mr.D.Senthil

ORDER

The petitioner got married to the respondent on 07.05.2000. Three children were born through the said wedlock. The marital relationship between the parties appears to have come under strain. The children are with the mother, namely, the petitioner herein. The respondent/husband filed HMOP No.218 of 2017 seeking divorce before the Family Court, Trichirappalli. Since the petitioner is based in Madurai and she has to take care of her children, it will be difficult for her to go over to Trichirappalli and contest the proceedings there.

2.Hence, in the interest of justice, this Court withdraws HMOP No.218 of 2017 from the file of the Family Court, Trichy and transfers the same to the file of the learned Family Court, Madurai. It is seen that the petitioner has filed MC No.124 of 2017 which is also pending before the Family Court, Madurai. Therefore, in the very nature of things, both the petitions will have to be tried together.

https://hcservices.ecourts.gov.in/hcservices/ 3.The respondent need not appear in person before the Family Court, Madurai. He can be represented through counsel on all

hearing dates. He needs to appear only on counselling dates and on those days when for his examination as witness, his presence is necessary and imperative.

4.This Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-IV) To 1.The Judge, Family Court, Madurai.

2.The Judge, Family Court, Trichy.

+ 1 CC TO Mr.J.LAWRANCE, ADVOCATE IN SR No. 92908 + 1 CC TO Mr.D.SENTHIL, ADVOCATE IN SR No. 93386 SKM TE/SV/SAR-4 : 04/12/2018 : 2P/5C TR CMP(MD)No.417 of 2017 and CMP(MD)No.8514 of 2017 29.10.2018 https://hcservices.ecourts.gov.in/hcservices/