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Madras High CourtTR CMP(MD)/432/2018allowed

D.Saritha v. Dineshkumar

2018-11-01Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR.C.M.P.(MD)Nos.432 & 452 of 2018 and C.M.P.(MD)Nos.10330 & 10557 of 2018 D.Saritha ... Petitioner/Respondent/Wife in both petitions Vs.

Dineshkumar ... Respondent/Petitioner/Husband in both petitions PRAYER IN TR.C.M.P.(MD)No.432 of 2018: Transfer Civil Miscellaneous petition is filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.111 of 2018 on the file of the Sub Court, Mannarkudi, Thiruvarur District and transfer the same to the Sub Court, Virudhunagar, Virudhunagar District or to any competent Court within Virudhunagar District and may be directed the Sub Court, Virudhunagar District to dispose of the above H.M.O.P.No.111 of 2018 filed by the respondent within a specified time. PRAYER IN TR.C.M.P.(MD)No.452 of 2018: Transfer Civil Miscellaneous petition is filed under Section 24 of C.P.C., to withdraw the case pending in G.W.O.P.No.

38 of 2018 on the file of the Principal District Court, Tiruvarur District and transfer the same to the Additional District and Sessions Judge, at Virudhunagar or to any competent Court within Virudhunagar District. (in both petitions) For Petitioner : Mr.G.Mariappan For Respondent : Mr.M.Subash Babu *** COMMON ORDER The petitioner got married to the respondent on 01.12.2004. Three children were born to the petitioner through the wedlock. The marital relationship between the parties appears to have come under strain. The respondent filed H.M.O.P.No.111 of 2018 before the Sub Court, Mannarkudi, Tiruvarur District, seeking divorce. He also filed G.W.O.P.No.38 of 2018 before the Principal District Court, Tiruvarur.

2. The petitioner is a woman. She is having three children to take care. Therefore, it will be difficult for the petitioner to go to Tiruvarur and contest the proceedings. Therefore, in the https://hcservices.ecourts.gov.in/hcservices/

interest of justice and taking into account all these aspects, H.M.O.P.No.111 of 2018 is withdrawn from the file of the Sub Court, Mannarkudi, Tiruvarur District and transferred the same to the file of the learned Subordinate Judge, Virudhunagar District and G.W.O.P.No.38 of 2018 is withdrawn from the file of the Principal District Court, Tiruvarur and transferred to the file of the learned Additional District and Sessions Judge, Virudhunagar District.

3. The Transfer Civil Miscellaneous petitions stand allowed, accordingly. No costs. Consequently, connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Subordinate Judge, Mannarkudi, Thiruvarur District.

2. The Subordinate Judge, Virudhunagar, Virudhunagar District.

3. The Principal District Judge, Tiruvarur District.

4. The Additional District and Sessions Judge, Virudhunagar.

+ 2 CC TO Mr.G.MARIAPPAN, ADVOCATE IN SR No. 94039 & 94038 PMU/SKM TE/SV/SAR-1 : 12/12/2018 : 2P/7C COMMON ORDER MADE IN TR.C.M.P.(MD)Nos.432 & 452 of 2018 and C.M.P.(MD)Nos.10330 & 10557 of 2018 01.11.2018 https://hcservices.ecourts.gov.in/hcservices/