Madras High CourtTR CMP(MD)/276/2019allowed

Nagalakshmi v. Dinesh

2019-10-22Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P. (MD)No.276 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P. (MD)No.276 of 2019 and C.M.P(MD) No.6477 of 2019 Nagalakshim ... Petitioner/Respondent Vs.

Dinesh ... Respondent/Petitioner PRAYER:- Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer the petition in H.M.O.P.No.386 of 2018 on the file of the Principal Sub Court, Tirupur to the Sub Court, Uthamapalayam, Theni District.

For Petitioner : Mr.M.Kaliraj For Respondent : Mr.B.Fazil Kirmani

ORDER

The above Transfer Civil Miscellaneous Petition has been filed by the wife seeking to transfer the petition for divorce filed by the respondent in H.M.O.P.No.386 of 2018 on the file of the Principal Sub Court, Tirupur to the file of the Sub Court, Uthamapalayam, Theni District.

2.The learned counsel appearing for the respondent would submit that the respondent has no objection to transfer, as sought for by the petitioner. But however, he would request that time frame may be fixed for disposing H.M.O.P.No.386 of 2018. 3.Considering the fact that the respondent has no objection to transfer the petition, the petition in H.M.O.P.No.386 of 2018 is ordered to be withdrawn and transferred from the file of the Principal Sub Court, Tirupur, to the file of Subordinate Court, Uthamapalayam, Theni District. The learned Principal Subordinate Judge, Tirupur, is directed to transmit the entire records in H.M.O.P.No.386 of 2018 to the Subordinate Court, Uthamapalayam, Theni District. The petitioner shall file her counter within a period of three weeks from the date of taking up H.M.O.P.No.386 of 2018 by the Sub Court, Uthamapalayam, Theni District, after https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P. (MD)No.276 of 2019 transfer. The learned Subordinate Judge, Uthamapalayam, Theni District, is directed to dispose of H.M.O.P.No.386 of 2018 on merits and in accordance with law within a period of four months thereafter.

4. With the above directions, this Transfer Civil Miscellaneous Petition is allowed.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) cp To 1.The Principal Subordinate Judge, Tirupur.

2.The Subordinate Judge, Uthamapalayam, Theni District.

+1 CC to M/s.M.KALIRAJ, Advocate SR-93828.

+1 CC to M/s.B.FAZIL KIRMANI, Advocate SR-94369. Tr.C.M.P. (MD)No.276 of 2019 and C.M.P(MD) No.6477 of 2019 22.10.2019 CS(14.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2