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Madras High CourtTR CMP(MD)/374/2018allowed

S.Sesha Binkey v. R.Lingeshwaran

2018-10-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD).No.374 of 2018 and C.M.P.(MD)No.9126 of 2018 S.Sesha Binkey ... Petitioner Vs.

R.Lingeshwaran ... Respondent Prayer: Petition - filed under Section 24 of the Civil Procedure Code, to withdraw the case in H.M.O.P.No.1133 of 2018 from the file of the Principal Family Court, Coimbatore to the file of the file of the Sub Court, Valliyoor, Tirunelveli District. For Petitioner : Mr.S.R.Anbarasu For Respondent : Mr.S.M.Muthumalai Raja

ORDER

The petitioner got married to the respondent on 11.11.2016. The marital relationship between them appears to have come under strain. The respondent herein filed H.M.O.P.No.1133 of 2018 before the Principal Family Court, Coimbatore seeking divorce.

2. Since the petitioner is a woman and based in Nanguneri and has a 11 months old child to take care, it will be difficult to go over to Coimbatore and contest the proceedings there. Hence, in the interest of justice, this Court withdraws H.M.O.P.No.1133 of 2018 from the Principal Family Court, Coimbatore and transfers the same to the Sub Court, Valliyoor, Tirunelveli District.

3. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar (CS-IV)

To:

1. The Principal Family Court Judge, Coimbatore.

2. The Subordinate Judge, Valliyoor, Tirunelveli District.

+ 1 CC TO Mr.S.R.ANBARASU, ADVOCATE IN SR No. 91574 + 1 CC TO Mr.S.MUTHUMALAI RAJA, ADVOCATE IN SR No. 91085 SM TE/SV/SAR-4 : 03/12/2018 : 2P/5C Order made in Tr.C.M.P.(MD).No.374 of 2018 22.10.2018 https://hcservices.ecourts.gov.in/hcservices/