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Madras High CourtTR CMP(MD)/477/2017allowed remitted

V.Tamilselvi v. A.Elavarasu

2018-09-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD)No.477 of 2017 and C.M.P.(MD)No.9529 of 2017 V.Tamilselvi

...Petitioner / Respondent

/Vs./ A.Elavarasu

...Respondent / Petitioner

Prayer: Petition - filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.263 of 2017 on the file of the Family Court, Sivagangai, and transfer the same to the Family Court, Dindigul.

For Petitioner : Mr.A.Saravanan For Respondent : Mr.S.P.Maharajan

ORDER

The revision petitioner herein got married to the respondent on 02.07.2006 at Thiruppathur, Sivagangai District. A male child has been born to the parties. The respondent filed H.M.O.P.No.263 of 2017 before the Family Court, Sivagangai. The petitioner seeks transfer of the same to the Family Court, Dindigul. The said request is strongly opposed by the respondent. He has also filed counter affidavit to that effect.

2. This Court, after hearing both parties, is of the view that the petitioner being a woman, the proceeding in H.M.O.P.NO.263 of 2017 deserves to be transferred in the interest of justice as prayed for. Accordingly, H.M.O.P.NO.263 of 2017 is withdrawn from the Family Court, Sivagangai and transferred to the Family Court, Dindigul.

3. It is made clear that the respondent need not appear before the Family Court, Dindigul on all occasions. Of course, he has to appear on counselling date and on dates, when his examination as witness is necessary. On all other occasions, he can be represented through his counsel. Dispensing with the personal appearance of the respondent is granted in the above terms.

4. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/ Assistant Registrar(AS) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-III)

To 1.The Judge, Family Court, Dindigul.

2.The Judge,Family Court, Sivagangai.

+1cc to Mr.S.P.MAHARAJAN, Advocate, SR.No. 83230 +1cc to Mr.A.SARAVANAN, Advocate, SR.No. 83212 Tr.C.M.P.(MD)No.477 of 2017 10.09.2018 SM KK/SV/SAR-3/16.10.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/