Madras High CourtTR CMP(MD)/74/2017ordered

S.Abirami v. Thirupathiraj @ Saran

2017-06-08Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2017 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.74 of 2017 and C.M.P(MD)No.1856 of 2017 S.Abirami ... Petitioner/Respondent Vs.

Thirupathiraj @ Saran ... Respondent/Petitioner Prayer: Petition filed under Section 24 read with Section 151 of the Code of Civil Procedure, to withdraw H.M.O.P.No.70 of 2016 pending on the file of the Sub Court, Kovilpatti and transfer the same to any other competent Court at Tirunelveli. For Petitioner : Mr.S.Muthalraj For Respondent : No appearance * * * * *

O R D E R

The wife, who is the respondent in H.M.O.P.No.70 of 2016 on the file of the Sub Court, Kovilpatti, seeks transfer of the same to any other Court in Tirunelveli District, on the ground that the father of the husband who has opposed the inter-caste marriage between them, has issued life threats when she appeared before the Sub Court, Kovilpatti.

2. Though the respondent/husband has been served on 11.03.2017, he has not chosen to appear in person or through Counsel duly instructed. Thus, the allegations regarding threat would go uncontroverted.

3. Considering the seriousness of the allegations, I deem it fit to withdraw H.M.O.P.No.70 of 2016 from the file of the Sub Court, Kovilpatti and transfer the same to the file of the Principal Sub Court, Tirunelveli. The Sub Court, Kovilpatti, is directed to transmit the papers in H.M.O.P.No.70 of 2016 to the file of the Prinicipal Sub Court, Tirunelveli, within a period of two weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/

4. In the result, this Transfer Civil Miscellaneous Petition is ordered as above. No costs. Consequently, the connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Sub Judge, Kovilpatti.

2.The Principal Sub Judge, Tirunelveli.

+1cc to Mr.S.Muthalraj, Advocate Sr.No.59497 RSB VB/SV-MMS/SAR1/16.06.2017/2P/4C Tr.C.M.P(MD)No.74 of 2017 and C.M.P(MD)No.1856 of 2017 08.06.2017 https://hcservices.ecourts.gov.in/hcservices/