Madras High CourtTR CMP(MD)/299/2019allowed

Jegha v. Raja

2019-10-01Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P(MD).No.299 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P. (MD)No.299 of 2019 and C.M.P(MD) No.6964 of 2019 Jegha ... Petitioner/Respondent Vs.

Raja ... Respondent/ Petitioner PRAYER:- Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer the G.O.P.No.58 of 2019 on the file of the Principal District Court, Pudukkottai to Family Court, Trichy. For Petitioner : Mr.T.Senthilkumar For Respondent : Mr.B.Jameel Arasu

ORDER

The Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the case in G.O.P.No.58 of 2019 on the file of the Principal District Court, Pudukkottai and transfer the same to the Family Court, Trichy.

2.On perusal of record, it is seen that the minor child is permanently residing within the jurisdiction of Family Court, Trichy. Therefore, an application under Section 9 of the Guardian and Wards Act, 1890, the Court jurisdiction is vested with the Family Court, Trichy.

3.The learned counsel appearing for the respondent has not raised any objection to transfer the G.O.P.No.58 of 2019 to the file of the Family Court, Trichy. However, he requested to dispose of the case within a time frame to be fixed by this Court. 4.Considering the facts and circumstances of the case, the Transfer Civil Miscellaneous Petition is allowed on condition that the petitioner shall take her minor child on the 1st and 15th day of every month ( if the date falls on a holiday, the next working day) so as to enable the respondent to see the child. It is also made https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD).No.299 of 2019 clear that if the respondent/husband does not come for three consecutive visits, the petitioner need not bring the child, thereafter. Every visit, shall be entered into the Register at the Mediation Centre of the Family Court, Trichy and both parties and their counsel should countersign. This order shall become effective from 15th October-2019. The petition in G.O.P.No.58 of 2019 pending on the file the Principal District Court, Pudukkottai, is ordered to be withdrawn and transferred to the file of Family Court, Trichy. The learned Principal District Judge, Pudukkottai, is directed to transmit the entire records in G.O.P.No.58 of 2019 to the Family Court, Trichy.

5.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Principal District Judge,Pudukkottai 2.The Judge, Family Court, Trichy.

+1. C.C. to Mr.T.SENTHIL KUMAR Advocate SR.No.90925 +1. C.C. to Mr.B.JAMEEL ARASU Advocate SR.No.91462 Tr.C.M.P. (MD)No.299 of 2019 and C.M.P(MD) No.6964 of 2019 01.10.2019 msa TK/14.10.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2