K.Pragatheeswari v. Muthumariappan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR CMP(MD)No.361 of 2018 and CMP(MD)No.8645 of 2018 K.Pragatheeswari ... Petitioner Vs.
Muthumariappan ... Respondent Prayer : This Transfer Civil Miscellaneous Petition is filed under Section 24 (b) (ii) of the Civil Procedure Code, to withdraw the HMOP No.153 of 2017 on the file of the learned Subordinate Judge's Court, Thiruchendoor, Thoothukudi District and to transfer the same case to any other competent court at Nagercoil for further proceedings.
For Petitioner: Mr.C.Victoria Gowri For Respondent: Mr.S.R.Anbarasu
ORDER
The petitioner got married to the respondent on 22.05.2013. A girl child was born through the wedlock. The marital relationship between the parties appears to have come under strain. The respondent herein filed HMOP No.364 of 2015 before the Sub Court, Thoothukudi seeking divorce. The same was transferred to the file of the Sub Court, Thiruchendur and re-numbered as HMOP No.153 of 2017.
2.The petitioner is based in Kanniyakumari. Therefore, it will be difficult for her to go to Thiruchendoor and contest the proceedings there. Taking into account the fact that the petitioner is a woman, this Court withdraws HMOP No.153 of 2017 from the file of the Subordinate Judge, Thiruchendur and transfers the same to the file of the Family Court, Nagercoil. This transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
3.The respondent however need not appear in person before the Family Court, Nagercoil. He can be represented through counsel on all hearing dates. He needs to appear only on counselling dates and https://hcservices.ecourts.gov.in/hcservices/
on those days when for his examination as witness or his presence is necessary and imperative.
Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(cs-II) To 1.The Family Court Judge, Nagercoil.
2.The Sub Judge, Thiruchendur.
+1cc to Mr.C.Victoria Gowri Advocate in SR.No.88431 +1cc to Mr.S.R.Anbarasu Advocate in SR.No.88702 TR CMP(MD)No.361 of 2018 and CMP(MD)No.8645 of 2018 03.10.2018 SKM NM SV SAR2 30.11.2018 2P 5C https://hcservices.ecourts.gov.in/hcservices/