Madras High CourtTR CMP(MD)/274/2020allowed

Princy v. Prabhakaran

2021-03-18Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P.(MD)No.274 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.(MD)No.274 of 2020 and C.M.P.(MD)No.6174 of 2020 Princy ... Petitioner/Respondent versus Prabhakaran ... Respondent/Petitioner Transfer Petition filed under Section 24 of C.P.C. to withdraw proceedings in I.D.O.P.No.90 of 2019 on the file of the Family Court, Karur and transfer the same to the Subordinate Court, Ambasamuthiram.

For Petitioner : Mr.S.Chellapandian For Respondent : M/s.M.Maria Vinola

ORDER

The wife seeks transfer of I.D.O.P.No.90 of 2019 pending on the file of the Family Court, Karur, to the Subordinate Court, Ambasamuthiram.

2. The proceedings, being under the Indian Divorce Act, cannot be transferred to a Court lower than the District Court and therefore, the transfer to the Subordinate Court, Ambasamuthiram, is not possible.

3. Considering the fact that the wife is the resident of Kadayam in Tirunelveli District and the husband is the resident of Karur and also considering the convenience of wife, I am of the opinion that the proceedings in I.D.O.P.No.90 of 2019 be transferred to the Principal District Court, Srivilliputhur, which is in between two places, namely, Karur and Kadayam.

4. By transferring the matter to the District Court, the necessity of the parties to appear for every hearing, can also be dispensed with and the parties can appear through their counsel. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD)No.274 of 2020

5. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and I.D.O.P.No.90 of 2019 is withdrawn from the file of Family Court, Karur and transferred to the Principal District Court, Srivilliputhur. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(RTI) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy To

1. The Judge, Family Court, Karur.

2. The Principal District Judge, Srivilliputhur.

+1 CC to M/s.S.CHELLAPANDIAN, Advocate ( SR-12326[F] dated 18/03/2021 ) Tr.C.M.P.(MD)No.274 of 2020 18.03.2021 ac(CO) TR(21.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2