Madras High CourtTR CMP(MD)/419/2021dismissed as infructuous

K.Maheswari v. K.Velkumar

2022-06-15Honourable Mr Justice B.Pugalendhi2 pages

Tr.C.M.P(MD)No.419 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Tr.C.M.P(MD)No.419 of 2021 and C.M.P(MD) Nos.8188 & 8189 of 2021 K.Maheswari ... Petitioner/Respondent -VsK.Velkumar ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.172 of 2021, on the file of the Family Judge, Thoothukudi and to transfer the same to the file of the Subordinate Court, Sivakasi.

For Petitioner : No appearance For Respondent : Mrs.C.M.Benazir Begum

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the proceedings in H.M.O.P.No.172 of 2021 , from the file of the Family Court, Thoothukudi to Subordinate Court, Sivakasi.

2.Today(22.06.2022), when the matter is taken up for hearing, there is no representation for the petitioner. 3.The learned counsel appearing for the respondent/husband submits that the husband is intended to withdraw the case in H.M.O.P.No. 172 of 2021 filed by him before the Family Court, Thoothukudi and he has also circulated a memo to that effect before the trial Court. But the same was returned by the learned trial Judge on the ground of pendency of this Transfer Civil Miscellaneous Petition before this Court. Hence, the learned counsel for the respondent/husband filed a memo before this Court, seeking permission to withdraw the case filed by him in H.M.O.P.No.172 of 2021 before the Family Court, Thoothukudi.

4. Pendency of this Transfer Civil Miscellaneous Petition is not a bar for the parties to withdraw the case filed by them before the trial Court.

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Tr.C.M.P(MD)No.419 of 2021 5.In view of the stand taken by the learned counsel for the respondent that the respondent/husband is inclined to withdraw the case in H.M.O.P.No. 172 of 2021, no further order is required in this Transfer Civil Miscellaneous Petition and accordingly, this Transfer Civil Miscellaneous Petition is dismissed as infructuous. The respondent/husband is permitted to withdraw the case in H.M.O.P.No.172 of 2021 pending before the Family Court, Thoothukudi. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-II) // True Copy // /07/2022 Sub Assistant Registrar(CS) vrn To 1.The Judge, Family Court, Thoothukudi.

Copy to The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies) Order made in Tr.C.M.P(MD)No.419 of 2021 15.06.2022 ks(CO) TR(05.07.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2