Madras High CourtTR CMP(MD)/428/2021allowed

N.Sathana Devi, v. J.Rajendra Prasath,

2022-02-23Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Tr.C.M.P(MD).No.428 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI Tr.C.M.P(MD).No.428 of 2021 and C.M.P(MD)No.8363 of 2021 N.Sathana Devi

...Petitioner/ Petitioner

Vs.

J.Rajendra Prasath

...Respondent/Respondent

PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 r/w Section 151 of Civil Procedure Code, to pass appropriate order by withdrawing the Divorce Petition in H.M.O.P.No.52 of 2021 from Subordinate Court, Ramanathapuram and to transfer the same to Family Court, Madurai District (or) any other competent Court within the limits of Madurai District.

For Petitioner : Mr.M.Ponniah For Respondent : Mr.H.Velava Dhass

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to withdraw the H.M.O.P.No.52 of 2021 from the file of the Subordinate Court, Ramanathapuram and transfer the same to the file of Family Court, Madurai District (or) any other competent Court within the limits of Madurai District.

2.The learned counsel for the petitioner submitted that the respondent/husband filed H.M.O.P.No.52 of 2021 for divorce before the Subordinate Court, Ramanathapuram. Since she is residing at Madurai, she cannot go to Ramanathapuram District to attend the Court hearings. Hence, she seeks to transfer the case as prayed for. 3.The learned counsel for the respondent submitted that since the respondent is residing at Aranthangi, he has no objection to transfer the case. But he requested that this case may be transferred to any one of the Sub Court, Madurai. 4.Considering the facts and circumstances of the case and also considering the submission made the learned counsel for both the counsel, H.M.O.P.No.52 of 2021 is ordered to be withdrawn from the file of Subordinate Court, Ramanathapuram and transferred to the file of Subordinate Court, Madurai.

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Tr.C.M.P(MD).No.428 of 2021 5.In the result, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Subordinate Court, Ramanathapuram.

2.The Subordinate Court, Madurai.

+1 CC to M/s.M.PONNIAH, Advocate ( SR-8228[F] dated 23/02/2022 ) Tr.C.M.P(MD).No.428 of 2021 and C.M.P(MD)No.8363 of 2021 23.02.2022 NSN(CO) KB(08.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2