Madras High CourtTR CMP(MD)/405/2021allowed

B.Balasaraswathi v. R.Balagurunathan

2021-11-08Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P.(MD) No.405 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2021

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA TR.C.M.P.(MD) No.405 of 2021 and C.M.P.(MD) No.7865 of 2021 B.Balasaraswathi ... Petitioner/Respondent vs.

R.Balagurunathan ... Respondent/Petitioner Prayer:-This Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the HMOP.No.89 of 2020 pending on the file of the Principal Sub Court, Valliyur, Tirunelveli District and to transfer the same to the Family Court, Thoothukudi. For Petitioner : Mr.P.Banuprasath For Respondent : Mr.R.Suriyanarayanan

ORDER

The above application has been filed by the petitioner/wife seeking transfer of HMOP.No.89 of 2020 pending on the file of the Principal Sub Court, Valliyur, Tirunelveli District to the file of Family Court, Thoothukudi.

2.The transfer is sought for on account of the fact that the petitioner is residing in Thoothukudi and she has to travel to Valliyur, Tirunelveli District to attend to the said petition and it is a fairly long distance.

3.The respondent has entered appearance through counsel. 4.The learned counsel for the respondent would submit that he has no objection to transfer the matter to the file of Sub Court, Tirunelveli. He would further submit that if the matter is transferred to the Family Court, Thoothukudi, the presence of the parties on every hearing would be necessary and therefore, the proceedings may be transferred to the file of Sub Court, Tirunelveli.

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Tr.C.M.P.(MD) No.405 of 2021 5.Considering the above submission, this Transfer Civil Miscellaneous Petition is allowed and the petition in HMOP.No.89 of 2020 pending on the file of the Principal Sub Court, Valliyur, Tirunelveli, is ordered to be withdrawn and transferred to the file of Sub Court, Tirunelveli. The learned Principal Subordinate Judge, Valliyur, Tirunelveli District, is directed to transmit the entire records of HMOP.No.89 of 2020 to the Sub Court, Tirunelveli, as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm To 1.The Principal Subordinate Judge, Valliyur, Tirunelveli District.

2.The Subordinate Judge, Valliyur, Tirunelveli.

+1 CC to M/s.P.BANU PRASATH, Advocate ( SR-33719[F] dated 08/11/2021 ) TR.C.M.P.(MD) No.405 of 2021 08.11.2021 RK/PM(17/11/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2