Madras High CourtTR CMP(MD)/94/2016disposed of

S.Sankari, Aged About 33 Yrs, v. R.Lakshmanan,Aged About 34 Yrs

2016-09-19Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Tr.C.M.P.(PD)(MD)No.94 of 2016 in C.M.P.(MD) No.1662 of 2016 S.Sankari : Petitioner Vs.

R.Lakshmanan : Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under section 24 of C.P.C., to withdraw and transfer H.M.O.P.No.282 of 2015 from the file of Family Court at Tirunelveli to the file of the Family Court at Chennai.

For Petitioner : Mr.S.Namasivayam For Respondent : Mr.H.Arumugam

ORDER

The petitioner/wife has file the transfer original petition to withdraw and transfer H.M.O.P.No.282 of 2015 from the file of Family Court at Tirunelveli to the file of the Family Court at Chennai.

2.Even though, the petitioner has filed the petition to withdraw and transfer the case in H.M.O.P.No.282 of 2015 from the file of Family Court at Tirunelveli to the file of Family Court, Chennai, during the course of arguments, the learned counsel for the respondent would submit that he has no objection for the transfer of the case.

3.The learned counsel for the respondent would submit that it would also difficult to reach the Family Court, Chennai, which is long distance from Tirunelveli. Therefore, he requested this Court that instead of transfer of Family Court at Chennai, since the petitioner is residing in Tambaram Taluk, the case may be transferred to the file of Subordinate Court, Tambaram. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioner also has no objection for the same.

5.Considering the facts and circumstances of the case and considering the request made by both side counsel, the following order is passed:

(i)the case in H.M.O.P.No.282 of 2015 on the file of the Family Court, Tirunelveli is hereby withdrawn and transferred to the file of the Subordinate Court, Tambaram.

(ii)The learned Family Judge, Tirunelveli is directed to transmit the original records to the learned Subordinate Judge, Tambaram immediately, on receipt of the copy of this order. (iii)On receipt of the original records, the learned Subordinate Judge, Tambaram, is directed to renumber the case and dispose of the same, as expeditiously as possible, after notice to the parties.

6.The transfer original application is disposed of with above directions. No Costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The Family Court, Tirunelveli.

2.The Subordinate Judge, Tambaram.

+1 CC to Mr.R.NARAYANAN, Advocate, SR No.53376 +1 CC to Mr.H.ARUMUGAM, Advocate, SR No.53756 Order made in Tr.C.M.P.(PD)(MD)No.94 of 2016 in C.M.P.(MD) No.1662 of 2016 19.09.2016 Arul SH/DB:20.10.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/