Madras High CourtTR CMP(MD)/270/2019allowed

S.Pricilla Ugin v. R.Jebasingh

2019-11-01Honourable Ms. Justice P.T. Asha2 pages

TR.C.M.P.(MD)No.270 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.(MD)No.270 of 2019 and C.M.P.(MD)No.6300 of 2019 S.Pricilla Ugin ... Petitioner/Respondent Vs.

R.Jeyasingh Rajkumar ... Respondent/Petitioner PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw and transfer the case in I.D.O.P.No.32 of 2019 on the file of the Family Court, Nagercoil to the file of the Principal District Court, Tuticorin by allowing this petition. For Petitioner : Mr.S.Sivathilagar For Respondent : Mr.S.Sureshkumar

ORDER

The above Transfer Civil Miscellaneous Petition has been filed seeking transfer of the case in I.D.O.P.No.32 of 2019 from the file of the learned Family Court, Nagercoil to the file of learned Principal District Court, Tuticorin.

2.The transfer is sought for mainly on the ground that there are criminal cases pending in the Nagercoil Police Station against the petitioner and in fact under one such complaint, she had been detained under judicial custody and therefore, she is apprehensive of going to Nagercoil. That apart, since the complaint involved an Advocate, the members of the Kanyakumari Bar are not willing to represent her in the above proceedings.

3.The arguments made by the petitioner contained considerable force. Though the notice had been served on the respondent, he has neither entered appearance through counsel nor in person, when the matter was called.

4.In view of the above convincing reasons, the transfer civil miscellaneous petition is allowed. Accordingly, the case in https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD)No.270 of 2019 I.D.O.P.No.32 of 2019 is ordered to be withdrawn and transferred from the file of the Family Court, Nagercoil, to the file of Principal District Court, Tuticorin. the learned Family Court, Nagercoil, is directed to transmit the entire records in I.D.O.P.No.32 of 2019 to the Principal District Court, Tuticorin and the learned Principal District Court, Tuticorin, is directed to dispose of the same on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) gns To 1.The Judge, Family Court, Nagercoil.

2.The Principal District Court, Tuticorin.

+1 CC to M/s.S.SURESHKUMAR, Advocate (SR-95685[F] dated 04/11/2019 ) +1 CC to M/s.S.SIVA THILAKAR, Advocate ( SR-95729[F] dated 04/11/2019 ) TR.C.M.P.(MD)No.270 of 2019 01.11.2019 JMN(18.11.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2