R.Shanthi v. L.Joseph Raja

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR.C.M.P.(MD).No.339 of 2018 and C.M.P.(MD)No.8287 of 2018 R.Shanthi ... Petitioner Vs.

L.Joseph Raja ... Respondent PRAYER: Transfer Civil Miscellaneous petition is filed under Section 24 of C.P.C., to withdraw D.O.P.No.1168 of 2018 on the file of the Family Court, Coimbatore to any of the competent Court at Trichy. For Petitioner : Mr.A.Chandrakumar For Respondent : Mr.J.Imran Khan, for Mr.T.S.Mohamed Mohideen.

ORDER

The petitioner got married to the respondent on 05.12.2007. The marital relationship between the parties appears to have come under strain. The respondent filed D.O.P.No.1168 of 2018 before the Family Court, Coimbatore, seeking divorce. The petitioner is based in Trichy. Therefore, it will be very difficult for her to go over to Coimbatore and contest the proceedings there.

2. Considering the fact that the petitioner is a woman, in the interest of justice, this Court withdraws D.O.P.No.1168 of 2018 from the file of the Family Court, Coimbatore and transfers to the file of the Family Court, Trichy.

3. The Transfer Civil Miscellaneous petition stands allowed, accordingly.

4. At this juncture, the learned counsel appearing for the respondent submits that the respondent is aged 55 years and that he is suffering from Asthma and other related ailments.

5. Therefore, the personal appearance of the respondent before the Family Court, Trichy, stands dispensed with. The respondents needs to appear on counselling dates and on those days when his examination as witness, is necessary. On all other days, he can be represented through counsel. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl.side) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-III)

To

1. The Judge, Family Court, Coimbatore.

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.A.Chandrakumar, Advocate, SR.No.88419 +1CC to Mr.T.S.Mohamed Mohideen, Advocate, SR.No.88394 TR.C.M.P.(MD).No.339 of 2018 and C.M.P.(MD)No.8287 of 2018 03.10.2018 PMU ES/PM/SAR 3/09.11.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/