Madras High CourtTR CMP(MD)/302/2018allowed

R.Kanagavalli, v. Senthil Arumugam,

2018-09-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD).No.302 of 2018 and C.M.P.(MD)No.7376 of 2018 R.Kanagavalli ... Petitioner/Responden Vs.

Senthil Arumugam ... Respondent/Petitioner PRAYER: Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.G.O.P.No.116 of 2018 from the file of Hon'ble III Additional District Judge, Tirunelveli and transfer it to the file of (*)I ADDITIONAL DISTRICT COURT MADURAI. to be tried according to facts and merits.

For petitioner : Mr.A.Hafiza For respondent : Mr.S.P.Maharajan

ORDER

********* The petitioner herein got married to the respondent on 11.09.2011 at Madurai. A male child was born on 10.10.2012. The relationship between the parties appears to have come under strain. The marital tie has also been dissolved in H.M.O.P.No.857 of 2015 on 06.09.2017. Now the respondent has filed H.M.G.O.P.No.116 of 2018 before the III Additional District Judge, Tirunelveli, with regard to the custody of the minor child.

2.It is not in dispute that the child is presently at Madurai. Therefore, in the very nature of things, it would be better to have the said case tried at Madurai. In this view of the matter and no other reason, this Court withdraws H.M.G.O.P.No.116 of 2018 from the file of the learned III Additional District Judge, Tirunelveli and transfers it to the (*)I ADDITIONAL DISTRICT COURT MADURAI..

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3.Accordingly, this Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) (*)AMENDED AS PER THE ORDER OF THIS COURT DATED 25/10/2018 MADE IN TR.CMP.(MD)No.

Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar(CS-I) To:

TO BE SUBSITUTIED THE ORDER ALREADY DESPATCHED ON 05./10/2018

1. The III Additional District Judge, Tirunelveli.

2. THE I ADDITIONAL DISTRICT COURT MADURAI.

+1cc to Mr.S.P.Maharajan, Advocate Sr.No.82029 pnn VB/RP/SAR1/01.10.2018/2P/4C DS RSK SAR 1 29 10 2018 2P 4C ORDER MADE IN Tr.C.M.P.(MD).No.302 of 2018 and C.M.P.(MD)No.7376 of 2018 04.09.2018 https://hcservices.ecourts.gov.in/hcservices/