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Madras High CourtTR CMP(MD)/241/2020disposed of

A.J.Sowmiya v. V.Gangaram

2020-12-07Honourable Mr Justice R. Mahadevan2 pages

Tr.C.M.P(MD)No.241 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2020

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN Tr.C.M.P(MD)No.241 of 2020 and C.M.P(MD) No.5441 of 2020 Mrs.A.J.Sowmiya ... Petitioner/Respondent -VsV.Gangaram ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.,to pass an order withdrawing the divorce petition filed by the respondent in H.M.O.P.No.99 of 2020 on the file of the Family Court, Sivagangai and transferring the same to the file of the Family Court, Madurai.

For Petitioner :

Mr.Suresh Kumar Isaac Paul For Respondent :

Mr.G.Prabhu Rajadurai

O R D E R

The petitioner/wife, who is facing the proceedings for dissolving the marriage at the instance of the husband in H.M.O.P.No.99 of 2020 on the file of the Family Court, Sivagangai, seeks transfer of the same to the Family Court, Madurai.

2. Admittedly, the wife resides at Madurai District and transfer is sought for mainly on the ground of convenience.

3. The learned Counsel appearing for the respondent submitted that the respondent is employed as a Writer in Police Department at Sivagangai and his duty hours are periodically changed on weekly basis. Hence, he prayed for dispensing with his personal appearance and agrees to appear as and when required before the Family Court, Madurai.

4. In view of the above, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in H.M.O.P.No.99 of 2020 is withdrawn from the file of the Family Court, Sivagangai and transferred to the Family Court, Madurai. The learned Judge, Family Court, Sivagangai, is directed to transmit the papers to the Family Court, Madurai, forthwith. The personal appearance of the respondent is dispensed with and the respondent is directed to appear as and when required before the Family Court, Madurai, for appropriate conduct of the proceedings.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.241 of 2020

5. The learned Judge, Family Court, Madurai, is directed to dispose of the proceedings in H.M.O.P.No.99 of 2020, within a period of six months from the date of receipt of the papers from the Family Court, Sivagangai, after due notice and opportunity to both parties. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Judge,Family Court,Sivagangai.

2. The Judge,Family Court, Madurai.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2C) +1 CC to Mr.Suresh Kumar ,Advocate,in SR.No.24761 of 2020. +1 CC to Mr.G.Prabhu Rajadurai ,Advocate,in SR.No.24504 of 2020. Tr.C.M.P(MD)No.241 of 2020 07.12.2020 (NA)CO AP(04/01/2021) 2 P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2