Madras High CourtTR CMP(MD)/378/2018allowed

S.Jiyab v. K.S.Jeyarajan

2018-10-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD).No.378 of 2018 and C.M.P.(MD).No.9192 of 2018 S.Jiyab .. Petitioner/Respondent Vs.

K.S.Jeyarajan .. Respondent/Petitioner PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.924 of 2018 on the file of the Family Judge, Coimbatore, Coimbatore District and transfer the same to the file of the Sub Court, Theni or Family Court, Madurai.

For Petitioner : Mr.G.Anbusaravanan For Respondent : Mr.Chellapandian

O R D E R

The petitioner got married to the respondent on 23.05.2005. A male child was born through the said wedlock. The child is presently with the mother. Since the relationship between the parties had come under strain, the respondent herein filed H.M.O.P.No.924 of 2018 before the Family Court, Coimbatore seeking divorce.

2. Since the petitioner is based in Theni, it will be difficult for the petitioner to go over to Coimbatore to contest the proceedings there. However, the petitioner is agreeable to have H.M.O.P transferred to the Family Court, Madurai. The respondent has also no objection for the same. Therefore, this Court withdraws H.M.O.P.No.924 of 2018 from the file of the Family Court, Coimbatore and transfers the same to the file of the Family Court, Madurai.

3. In the result, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected C.M.P.(MD) No.9192 of 2018 is closed.

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4. The respondent is a practising Doctor. Therefore, the respondent need not appear before the Family Court, Madurai on all occasions and he can be represented through his counsel. The respondent ofcourse has to appear on those dates when there is counselling and when his examination as a witness is necessary. Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar(CS-I) To, 1.The Judge, Family Court, Coimbatore.

2.The Judge, Family Court, Madurai.

• 1 CC TO Mr.G.Anbusaravanan , ADVOCATE IN SR No.91768. • + 1 CC TO Mr.Chellapandian , ADVOCATE IN SR No. 91492. • • CM • DS PM SAR1 20 11 2018 2P 5C Tr.C.M.P.(MD).No.378 of 2018 and C.M.P.(MD).No.9192 of 2018 23.10.2018 https://hcservices.ecourts.gov.in/hcservices/