N.Anusree v. S.Muthukumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2018
CORAM
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD).No.286 of 2018 and C.M.P.(MD).No.7085 of 2018 N.Anusree .. Petitioner Vs.
S.Muthukumar .. Respondent PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw petition in H.M.O.P.No.20 of 2018 from the file of Principal Sub Court at Thenkasi and to transfer the same to Family Court, Salem. For Petitioner : Mr.K.Pal Murugan For Respondent : Mr.K.Navaneetha Raja
O R D E R
The petitioner herein is the wife. The respondent filed H.M.O.P. No.20 of 2018 before the Principal Sub Court, Tenkasi. Since the petitioner is having a child to take care, it is difficult for her to attend the proceedings at Tenkasi.
2. Therefore, in the interest of justice H.M.O.P.No.20 of 2018 is withdrawn from the file of the Principal Sub Court, Tenkasi and transferred to the Family Court, Salem. Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
No costs.Consequently, connected C.M.P.(MD) No.7085 of 2018 is clsoed.
3. It appears that the petitioner did not attend the counselling held at Tenkasi. The Family Court's Act casts a duty on the Presiding Judge to endeavour to reconcile the differences between the parties by conducting counselling session. A direction therefore is given to the petitioner to attend the counselling session to be conducted in the Family Court, Salem. On other regular hearing dates, the respondent is permitted to appear through counsel https://hcservices.ecourts.gov.in/hcservices/
and his personal appearance shall stand dispensed with except when it is necessary. The Family Court shall endeavour to conclude the proceedings as expeditiously as possible.
Sd/- Assistant Registrar(WRIT) /True Copy/ Sub Assistant Registrar CM To 1.The Principal Sub Judge, Tenkasi.
2.The Judge, Family Court, Salem +1cc to Mr.K.Pal Murugan, Advocate in SR No.16082 Tr.C.M.P.(MD).No.286 of 2018 and C.M.P.(MD).No.7085 of 2018 NM/RP/SAR 4/26.09.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/