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Madras High CourtTR CMP(MD)/309/2018allowed

Sahana v. N.Balaji

2018-10-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR CMP(MD)No.309 of 2018 and CMP(MD)No.7641 of 2018 Sahana ... Petitioner Vs.

N.Balaji ... Respondent Prayer : This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw the HMOP No.46 of 2018 on the file of the Family Court, Thiruvallur and also to transfer the same to the file of the Subordinate Judge, Trichy. For Petitioner : Mr.Raguvarangopalan for Mr.K.Prabhakar For Respondent : Mr.B.Jameel Arasu

ORDER

The petitioner herein got married to the respondent on 16.02.2017. The marital relationship between the parties appears to have come under strain. The respondent filed HMOP No.46 of 2018 before the Family Court, Thiruvallur seeking restitution of conjugal rights. The petitioner has initiated certain proceedings before the Judicial Magistrate at Thiruchirappalli. The petitioner is based in Trichy. It will be difficult for her to go to Thiruvallur and contest the proceedings there. The petitioner has a small girl child to support. 2.Considering the fact that the petitioner is a woman and in the interest of justice, this Court withdraws HMOP No.46 of 2018 from the file of the Family Court, Thiruvallur and transfers the same to the file of the Principal Sub Judge, Trichy. The learned counsel for the respondent submits that he has already filed an I.A in the HMOP filed by him seeking visitation rights. The Principal Sub Judge, Trichy shall dispose of the said I.A within a period of four weeks from the date of receipt of a copy of this order.

3.This transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(W) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-IV)

To 1.The Judge, Family Court, Thiruvallur.

2.The Principal Sub Judge, Trichy.

+1cc to Mr.K.Prabhakar, Advocate Sr.No.88664 +1cc to Mr.B.Jameel Arasu, Advocate Sr.No.88450 SKM VB/SKN/SAR4/01.11.2018/2P/5C TR CMP(MD)No.309 of 2018 and CMP(MD)No.7641 of 2018 03.10.2018 https://hcservices.ecourts.gov.in/hcservices/