Madras High CourtTR CMP(MD)/329/2018allowed

T.Vijaya W/O.R.Kathiresan v. R.Kathiresan

2018-09-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR.C.M.P.(MD).No.329 of 2018 and C.M.P.(MD)No.8058 of 2018 T.Vijaya ... Petitioner/Respondent Vs.

R.Kathiresan ... Respondent/Petitioner PRAYER : Petition is filed under Section 151 of Civil Procedure Code, to withdraw and transfer the petition for seeking divorce filed by the respondent in H.M.O.P.No.38 of 2018 from the file of the learned Subordinate Judge, Palani (Kodaikanal Camp Court) and transfer the same to the file of the learned Subordinate Judge, Bodinayakanoor.

For Petitioner : Mr.C.S.Ravichandran For Respondent : Mr.R.Kathiresan, Party-in-person.

O R D E R

The petitioner got married to the respondent on 22.08.2010. The respondent filed H.M.O.P.No.38 of 2018 before the Subordinate Court, Palani(Kodaikanal Camp Court), seeking divorce. The petitioner is based in Bodinayakanoor and she is having an young child to take care. Therefore, it will be very difficult for the petitioner to go all the way to Palani to contest the proceedings.

2. Considering these aspects, H.M.O.P.No.38 of 2018 is withdrawn from the file of the Subordinate Court, Palani (Kodaikanal Camp Court) and transferred to the file of the Subordinate Court, Bodinayakanoor.

3. This Court heard, Mr.Kathiresan in person. He submits that he is having certain physical ailments.

4. Since the case is being transferred to the Subordinate Court, Bodinayakanoor, the respondent herein need not appear in person. For his examination as witness, his presence is essential and on all other days, he can very well be represented through counsel.

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5. With these observations, the Transfer Civil Miscellaneous petition stands allowed. No costs. Consequently, connected Miscellaneous petition is closed.

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

1. The Subordinate Judge, Palani (Kodaikanal Camp Court).

2. The Subordinate Judge, Bodinayakanoor.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) TR.C.M.P.(MD).No.329 of 2018 and C.M.P.(MD)No.8058 of 2018 12.09.2018 PMU DS/SV/SAR-I(22.10.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/