Madras High CourtTR CMP(MD)/303/2016dismissed

Kavitha, v. John Stephan,

2016-08-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2016 Coram:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Tr.C.M.P.(MD).No.303 of 2016 and C.M.P.(MD) No. 5585 of 2016 Kavitha .. Petitioner/Respondent Vs.

John Stephen .. Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the petition in I.D.O.P.No.5 of 2016 on the file of the Family Court, Coimbatore and transfer the same to the Family Court, Tirunelveli to be tried along with M.C.No.12 of 2016 on the file of the Family Court, Tirunelveli. For Petitioner : Mr.C.D.Johnson For Respondent : Mr.S.Sivaprakash

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking transfer of I.D.O.P.No.5 of 2016 from the file of the Family Court, Coimbatore, to the file of the Family Court, Tirunelveli, to be tried along with M.C.No.12 of 2016.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3.The learned counsel for the respondent would submit that the maintenance case in M.C.No. 12 of 2016, which was pending before the Family Court, Tirunelveli, was disposed of on 11.05.2016 granting maintenance in favour of the petitioner. It is further submitted that in I.D.O.P.No.5 of 2016, the petitioner remained absent and an ex-parte order was passed on 31.05.2016 and therefore, this petition has become infructuous.

4. In view of the submission of the learned counsel for the respondent, this Transfer Civil Miscellaneous Petition is dismissed as infructuous. No costs. Consequently, connected C.M.P.(MD) No.5585 of 2016 is also dismissed.

Sd/- Assistant Registrar (AE) https://hcservices.ecourts.gov.in/hcservices/ /True Copy/ Sub Assistant Registrar

CM To 1.The Family Judge, Tirunelveli.

2.The Family Judge, Coimbatore.

+1 cc to Mr.C.D.Johnson,Advocate, Sr.No: 43997 +1 cc to Mr.S.Siva Prakash ,Advocate, Sr.No: 42967 jam/18.08.16/SS 3/ 2p-5c Tr.C.M.P.(MD).No.303 of 2016 and C.M.P.(MD) No. 5585 of 2016 09.08.2016 https://hcservices.ecourts.gov.in/hcservices/