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Madras High CourtTR CMP(MD)/337/2018allowed

Sathya v. B.Thirukumarivel,

2018-09-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR.C.M.P.(MD).No.337 of 2018 and C.M.P.(MD)No.8243 of 2018 Sathya ... Petitioner/Respondent Vs.

B.Thirukumarivel ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.75 of 2018 on the file of the Sub Court, Srivilliputhur and transfer the same to the file of the Family Court, Trichy. For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.R.Karunanidhi ***

O R D E R

The petitioner got married to the respondent on 29.09.2014. A female child was born through the said wedlock. The respondent has filed H.M.O.P.No.75 of 2018 before the Sub Court, Srivilliputhur, for restitution of conjugal rights. The petitioner is based in Trichy. Since the petitioner is having an young child to take care, it will be very difficult for her to go over to Srivilliputhur and contest the proceedings there.

2. Hence, in the interest of justice, this Court withdraws H.M.O.P.No.75 of 2018 from the file of the Sub Court, Srivilliputhur and transfers the same to the file of the Family Court, Trichy. The respondent however need not appear in person before the Family Court, Trichy on all occasions. He needs to appear only on counselling dates and on those days, his presence is imperative. On all other days he can be represented through his counsel.

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

Sd/ Assistant Registrar (AD-I) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-IV)

To

1. The Subordinate Judge, Srivilliputhur.

2. The Judge, Family Court, Trichy.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.T.LENIN KUMAR, Advocate, SR.No.87660 TR.C.M.P.(MD).No.337 of 2018 and C.M.P.(MD)No.8243 of 2018 26.09.2018 PMU KK/SV/SAR-4/30.10.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/