Madras High CourtTR CMP(MD)/508/2016ordered

P.Neelakandan v. Muthurajeswari

2017-02-24Honourable Mr Justice N. Kirubakaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN TR.CMP(MD)No.508 of 2016 & C.M.P(MD)No.10316 of 2016 P.Neelakandan ... Petitioner Vs.

Muthurajeswari

...Respondent

Prayer: Petition filed under Section 24 of Code of Civil Procedure to withdraw the H.M.O.P.No.69 of 2016 from the file of the Family Court, Sivagangai, and to transfer the same to the file of the Sub-Court, Madurai, and pass further order orders as this Court may deem fit and proper.

For Petitioner :Mr.T.K.Gopalan for Mr.PT.S.Narendera Vasan For Respondent :Mr.K.Baskaran

ORDER

This Transfer Civil Miscellaneous Petition has been filed by the husband seeking to transfer the H.M.P.No.69 of 2016 from the file of Family Court, Sivagangai, to the file of Sub-Court, Madurai, as the petitioner's security is being threatened in Sivagangai in the hands of one Alageswaran.

2. Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondent and perused the materials available on records.

3. Since the threat apprehended by the petitioner is proved by the F.I.R filed in Crime No.134 of 2015 dated 22.05.2015, the same cannot be ignored. Therefore, the interest of justice requires to transfer the H.M.O.P.No.69 of 2016 from the file of the Family Court, Sivagangai, to the file of Sub-Court, Madurai. However, it is made clear that the petitioner has to pay a sum of Rs.1,000/- (Rupees One Thousand only) as expenses to the respondent/wife for https://hcservices.ecourts.gov.in/hcservices/

every personal appearance before the Sub-Court, Madurai.

4. With the above direction, this petition is ordered. Consequently, connected Miscellaneous petition is closed. No costs.

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

2.The Subordinate Judge, Madurai.

+1 cc to MR.P.T.S.NARENDRAVASAN, Advocate SR.No.10626 Tr.C.M.P(MD).No.508 of 2016 24.02.2017 SMA/SKN-RSK/14.03.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/