Madras High CourtTR CMP(MD)/320/2020allowed

M.Karunambigai, v. A.Rajeshkumar

2021-02-19Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD)No.320 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD)No.320 of 2020 and C.M.P.(MD)No.7108 of 2020 M.Karunambigai : Petitioner /Respondent Vs.

A.Rajeshkumar : Respondent /Petitioner PRAYER:- The petition filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.41 of 2020 pending before the Subordinate Court, Kangeyam and transfer the same to Principal Subordinate Court, Karur.

For Petitioner :Mr.K.K.Samy For Respondent :No Appearance ****

ORDER

Wife seeks transfer of H.M.O.P.No.41 of 2020 pending on the file of the Subordinate Court, Kangeyam to Principal Subordinate Court, Karur. The said original petition has been filed by the husband seeking divorce under Section 13(1)(i-b) of the Hindu Marriage Act, 1955.

2.Despite service, the respondent is not appearing either in person or through Counsel duly instructed.

3.It is seen from the records that the wife is a resident of Karur and the husband is residing at Kangeyam. Considering the convenience of the wife and the fact that the proceedings are before a Subordinate Court, which does not require the presence of the parties for every hearing, H.M.O.P.No.41 of 2020 pending on the file of the Subordinate Court, Kangeyam, is withdrawn and transferred to the Principal Subordinate Court, Karur to be heard and disposed of in accordance with law.

4.The Transfer Civil Miscellaneous Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD)No.320 of 2020 cmr To 1.The Subordinate Judge, Kangeyam,Tiruppur District.

2.The Principal Subordinate Judge, Karur,Karur District.

+2 CC to M/s.K.K.SAMY, Advocate ( SR-6564[F] dated 22/02/2021 ) TR.C.M.P.(MD)No.320 of 2020 19.02.2021 smv(CO) KK(03.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2