← Library
Madras High CourtTR CMP(MD)/388/2018allowed

M.Sindhu Bairavi v. K.Muthukrishnan@ Sathish

2018-10-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD).No.388 of 2018 and C.M.P.(MD)No.9380 of 2018 M.Sindhu Bairavi ... Petitioner Vs.

K.Muthukrishnan @ Sathish ... Respondent Prayer: Petition - filed under Section 24 of the Civil Procedure Code, to pass an order to withdraw the case in H.M.O.P.No.209 of 2018 on the file of the Family Court, Tirunelveli and transfer the same to the Family Court, Tiruchirappalli.

For Petitioner : Mr.D.Senthil For Respondent : Mr.N.Tamil Mani

ORDER

The petitioner got married to the respondent on 01.12.2011. The marital relationship between them appears to have come under strain. The respondent herein filed H.M.O.P.No.209 of 2018 before the Family Court, Tirunelveli seeking divorce. 2.

Since the petitioner is a woman and based in Tiruchirappalli, it will be difficult for her to go over to Tirunelveli and contest the proceedings there. Hence, this Court withdraws H.M.O.P.No.209 of 2018 from the Family Court, Tirunelveli and transfers the same to the Family Court, Tiruchirappalli.

3. It is made clear that the respondent need not appear before the Family Court, Tiruchirappalli on all occasions. Of course, he has to appear on counselling date and on dates, when his examination as witness is essential. On all other occasions, he can be represented through his counsel. Dispensing with the personal appearance of the respondent is granted in the above terms.

4. The learned counsel appearing for the respondent states that a direction can be given to the Family Court, Tiruchirappalli, for speedy disposal of H.M.O.P.No.209 of 2018. https://hcservices.ecourts.gov.in/hcservices/

5. This Court is not aware of the work load of the Family Court, Tiruchirappalli. Subject to its work load, a direction is given to the Family Court, Tiruchirappalli, to dispose of H.M.O.P.No.209 of 2018 as expeditiously as possible. Accordingly, the 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 Judge, Family Court, Tirunelveli.

2.The Judge, Family Court, Tiruchirappalli.

+1cc to Mr.D.Senthil, Advocate, Sr.No.91009.

+1cc to Mr.N.Tamil Mani, Advocate, Sr.No.90986. Order made in Tr.C.M.P.(MD).No.388 of 2018 22.10.2018 Sm RAM-KK/BK/SAR 4/21.12.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/