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Madras High CourtTR CMP(MD)/312/2022allowed

P.Rathika v. P.Rajesh

2023-02-13Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.5206 of 2022 P.Rathika ... Petitioner/ Respondent Wife Vs.

P.Rajesh ... Respondent/ Petitioner-Husband PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of the Code of Civil Procedure, to withdraw the petition in H.M.O.P.No.132 of 2021 on the file of the learned Subordinate Judge, Rasipuram, Namakkal District, and transfer the same to the Subordinate Court, Kulithalai, Karur District.

For Petitioner : Mr.G.Sridharan For Respondent : No appearance

ORDER

The present transfer civil miscellaneous Petition has been filed by the wife seeking to transfer H.M.O.P.No.132 of 2021 pending on the file of the Subordinate Court, Rasipuram, Namakkal District for divorce to the Subordinate Court, Kulithalai, Karur District. 1/4

2. According to the learned counsel appearing for the petitioner, due to matrimonial dispute, the wife is residing in Lalapettai, Karur District along with her parents and she finds it difficult to travel to Namakkal without the help of others.

3. The respondent has been served through private notice. The Court notice has been returned as 'No such addressee'. Hence, this Court had directed the service to be made on the husband's counsel before the Subordinate Court, Rasipuram. The trial Court Counsel has been served on 05.08.2022. Despite service of notice, there is no appearance either in person or through counsel on behalf of the husband.

4. Considering the aforesaid facts, the Transfer Civil Miscellaneous Petition stands allowed and H.M.O.P.No.132 of 2021 pending on the file of the Subordinate Court, Rasipuram, Namakkal District, is transferred to Subordinate Court, Kulithalai, Karur District. No costs. Consequently, connected Miscellaneous Petition is closed. 13.02.2023 NCC : Yes / No Index : Yes / No 2/4

Rmk To 1.The Subordinate Judge, Rasipuram, Namakkal District. 2.The Subordinate Judge, Kulithalai, Karur District. 3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR ,J.

Rmk Order made in 13.02.2023 4/4