A.Myla v. E.Singarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2017 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.87 of 2017 and C.M.P(MD)No.2220 of 2017 A.Myla ... Petitioner Vs.

E.Singarajan ... Respondent Prayer: Petition filed under Section 24 of Civil Procedure Code to withdraw and transfer the Original Petition in H.M.O.P.No.228 of 2015 on the file of Principal Subordinate Judge, Tenkasi, to the file of Sub Court, Hosur.

For Petitioner : Mr.D.Srinivasaragavan For Respondent : Mr.V.Sasikumar

O R D E R

The wife, who is the respondent in H.M.O.P.No.228 of 2015 on the file of the Principal Subordinate Judge, Tenkasi, seeks transfer of the said petition to the file of the Sub Court, Hosur, on the ground that she is residing with her parents at Hosur and considering the distance between Tenkasi and Hosur, it will be very difficult for her to travel for every hearing to Tenkasi.

2. The respondent/husband has filed a counter stating that though he is willing to live with his wife, she is refusing under the influence of her parents. He also claims that the petitioner/wife is staying in a Ladies Hostel at Chennai and she has put the child under the custody of her parents at Hosur.

3. Considering the averments, I deem it fit to transfer H.M.O.P.No.228 of 2015 on the file of the Principal Subordinate Court, Tenkasi, to the file of the Sub Court, Hosur.

4. Hence, H.M.O.P.No.228 of 2015 is withdrawn from the file of the Principal Subordinate Court, Tenkasi and transferred to the file of the Sub Court, Hosur. The learned Principal Subordinate Judge, Tenkasi, is directed to despatch the records in H.M.O.P.No.228 of 2015 to the file of the Sub Court, Hosur, within https://hcservices.ecourts.gov.in/hcservices/

a period of two weeks from the date of receipt of a copy of this order. On receipt of the records, the learned Sub Judge, Hosur, is directed to dispose of the said petition within a period of one year from the date of receipt of the records.

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

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Principal Subordinate Judge, Tenkasi.

2. The Subordinate Judge, Hosur.

+ 1 CC TO Mr.V.SASIKUMAR, ADVOCATE IN SR No. 52971 + 1 CC TO Mr.D.SRINIVASARAGAVAN, ADVOCATE IN SR No. 53062 RSB TE/MMS : 05/05/2017 : 2P/5C Tr.C.M.P(MD)No.87 of 2017 and C.M.P(MD)No.2220 of 2017 20.04.2017 https://hcservices.ecourts.gov.in/hcservices/