Madras High CourtTR CMP(MD)/372/2018allowed

Sumathi @ Suganya v. Selvakumar

2018-10-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR CMP(MD)No.372 of 2018 and CMP(MD)No.9076 of 2018 Sumathi @ Suganya ... Petitioner Vs.

Selvakumar ... Respondent Prayer : This Transfer Civil Miscellaneous Petition is filed under Section 24 (b) (ii) of the Civil Procedure Code, to withdraw the divorce petition in HMOP No.385 of 2018 on the file of the learned Family Court Judge, Madurai and transfer the same to the file of the learned Sub Judge, Sivakasi.

For Petitioner : Mr.R.Karunanidhi For Respondent : Mr.A.K.Hemaraj

ORDER

The petitioner got married to the respondent on 19.06.2013 at Madurai. Two children were born to the petitioner through the said wedlock. But, the marital relationship between the parties appears to have come under strain. The respondent filed HMOP No.385 of 2018 before the Family Court, Madurai seeking divorce. The petitioner is based in Sivakasi. Therefore, it will be difficult for her to go over Madurai and contest the proceedings there.

2.Hence, this Court withdraws HMOP No.385 of 2018 from the file of the Family Court Judge, Madurai and transfers the same to the file of the learned Sub Judge, Sivakasi. The respondent appears to have suffering from some ailments. Therefore, he need not appear in person before the Sub Court, Sivakasi. He can be represented through counsel on all hearing dates. He needs to appear only on counselling dates and on those days when for his examination as witness, his presence is necessary and imperative. https://hcservices.ecourts.gov.in/hcservices/

3.This Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CRL SIDE) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The Family Court Judge, Madurai.

2.The Sub Judge, Sivakasi.

+1 CC To MR.R.KARUNANIDHI, Advocate SR. NO. 90132 TR CMP(MD).372 OF 2018 11.10.2018 SKM TR/RP/SAR-IV(08.11.2018)2P 4C https://hcservices.ecourts.gov.in/hcservices/