Madras High CourtTR CMP(MD)/260/2021disposed of

A.Jothi Meena Devi v. Ananda Kumar

2021-07-14Honourable Mr Justice A.A.Nakkiran2 pages

Tr CMP (MD) No. 260 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.260 of 2021 and C.M.P(MD) No.5271 of 2021 A.Jothi Meena Devi ... Petitioner / Petitioner -vsAnanda Kumar ... Respondent / Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.191 of 2020 from the file of Subordinate Court, Thirumangalam and transfer the same to the Family Court, Madurai. For Petitioner : Mr.V.P.Rajan For Respondent : Mr.M.Jegadeesh Pandian

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.191 of 2020 from the file of Subordinate Court, Thirumangalam and transfer the same to the Family Court, Madurai.

2.The respondent/husband has filed H.M.O.P.No.191 of 2020 before the Subordinate Court, Thirumangalam, for divorce. 3.The learned counsel for the petitioner/wife submitted that the petitioner is residing with her parents at Madurai and she has a female child. There is a life threat at the hands of the respondent. He further submitted that the petitioner has no source of income and she is depending on her parents for day today necessities. In these circumstances, it is difficult for the petitioner to attend the Court hearing in H.M.O.P.No.191 of 2020. Hence, he seeks to transfer the case to the file of Family Court, Madurai. 4.The learned counsel appearing for the respondent/husband has no objection to transfer the case. However, he seeks to transfer case to Subordinate Court, Madurai.

5.Considering the facts and circumstances of the case and considering the arguments made by both sides, H.M.O.P.No.191 of 2020 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr CMP (MD) No. 260 of 2021 pending on the file of Subordinate Court, Thirumangalam, Madurai, is withdrawn and transferred to the file of Subordinate Court, Madurai, for disposal as per law. The learned Subordinate Judge, Thirumangalam, Madurai, is directed to transmit the papers to the Subordinate Court, Madurai, forthwith. The learned Subordinate Judge, Madurai, is directed to dispose of the proceeding in H.M.O.P.No.191 of 2020 on merits and in accordance with law as expeditiously as possible.

6.In fine, this Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) msa/cp To:

1. The Subordinate Judge, Thirumangalam, Madurai.

2. The Subordinate Judge, Madurai.

Tr.C.M.P.(MD) No.260 of 2021 and C.M.P(MD) No. 5271 of 2021 14.07.2021 RC (22.07.2021) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2