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Madras High CourtTR CMP(MD)/332/2018allowed

R.Vijayalakshmi v. V.Praveen

2018-09-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD)No.332 of 2018 and C.M.P.(MD).No.8098 of 2018 R.Vijayalakshmi .. Petitioner/Respondent Vs.

V.Praveen .. Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case in H.M.O.P.No.1142 of 2018 on the file of the Additional Family Court, Coimbatore and to transfer the same to the file of the Sub Court, Pudukottai.

For Petitioner : Mr.G.Sridharan For Respondent : Mr.P.Mahesh Kumar

ORDER

The petitioner got married to the respondent on 05.07.2017 at Coimbatore. The relationship appears to have come under strain. The respondent has since filed H.M.O.P.No.1142 of 2018 before the Additional Family Court, Coimbatore for divorce. To transfer the same, this petition has been filed by the wife.

2. The respondent has been served and he has entered appearance through counsel. Heard the learned counsel on either side.

3. The learned counsel on both sides affirm that the parties have come to an agreement for dissolving the marriage by mutual consent.

4. This submission is recorded. Since the petitioner is based in Pudukkottai and it will be difficult for the petitioner to go over to Coimbatore for contesting the proceedings. Therefore, this Court withdraws H.M.O.P.No.1142 of 2018 from the file of Additional Family Court, Coimbatore and transfers the same to the Sub Court, Pudukottai. If the parties filed any petition under Section 13 (B) of the Hindu Marriage Act, the Sub Court, Pudukottai shall waive the six months period and after holding enquiry dispose of the matter.

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5. With these directions, this Transfer Miscellaneous Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS III) PJL To

1. The Judge, Additional Family Court, Coimbatore.

2.The Subordinate Judge, Pudukottai.

1CC TO MR. G SRIDHARAN, ADVOCATE SR 84988 Tr.C.M.P.(MD)No.332 of 2018 18.09.2018 ES SV SAR 3 12 10 2018 2P 4C https://hcservices.ecourts.gov.in/hcservices/