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Madras High CourtTR CMP(MD)/485/2017allowed

Bemila v. Isravel

2017-11-29Honourable Mr Justice S. Baskaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.BASKARAN Tr.CMP.(MD).No.485 of 2017 and C.M.P.(MD).No.9685 of 2017 Bemila ... Petitioner vs.

Isravel ... Respondent Prayer: Petition filed under Section 24 of C.P.C to withdraw the case in O.S.No.63 of 2017 from the file of Family Court, Puducherry and transfer the same to the file of the Family Court, Madurai, for disposal of the same on merits in accordance with law. For Petitioner : Ms.V.P.Rajan For Respondent : No Appearance

ORDER

The petitioner/wife has come forward with this petition seeking transfer of O.S.No.63 of 2017 from the file of Family Court, Puducherry to the file of the Family Court, Madurai. 2.The petitioner states that her marriage with the respondent took place at Madurai. Subsequently, they started to live together at Puducherry. Thereafte, within a short period, dispute arises between them. She was ill-treated by the family members of the respondent. On 19.08.2017, the petitioner had gone to Madurai. Now, she is living with her parents. She was taking treatment from the Government Rajaji Hospital for the pregnancy. Whileso, the respondent filed O.S.No.63 of 2017 on the Family Court, Puducherry,, seeking to declare the marriage as null and void.

The petitioner further states that she has filed a petition under Section 125 of Criminal Procedure Code for maintenance on the file of Family Court, Madurai, and the same is pending. Since she is pregnant and unable to travel, she seeks transfer of O.S.No.63 of 2017 from the file of the Family Court, Puducherry to the file of the Family Court, Madurai. The petitioner has also produced the medical records to substitute her claim.

3.In spite of notice being served on the respondent, he neither appeared before the court nor through counsel. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances of the case and also

considering the fact that the petitioner is six months pregnant and she has no income on her own and depending on her parents for survival, further, she is unable to travel a long distance and the fact that the petitioner has already filed a petition under Section 125 of Criminal Procedure Code before the Family Court at Madurai, this Court is inclined to entertain this petition. 5.Accordingly, this Transfer Civil Miscellaneous petition is allowed. O.S.No.63 of 2017, pending on the file of Family Court, Puducherry is ordered to be withdrawn and transferred to the file of the Family Court, Madurai. As soon as receipt of records from the Family Court, Puducherry, the learned Judge, Family Court, Madurai is directed to dispose of O.S.No.63 of 2017 along with the petition filed under Section 125 Cr.P.C as expeditiously as possible. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To 1.The Family Court, Puducherry.

2.The Family Court, Madurai.

SMI JS/SV.MMS/SAR.4/22.12.2017/2P-3C Tr.CMP.(MD).No.485 of 2017 29.11.2017 https://hcservices.ecourts.gov.in/hcservices/