Madras High CourtTR CMP(MD)/339/2019allowed

S.Philo Ignacia v. X.Aadhavan Murasu Alias Jesu Paul Diravia Murasu

2020-02-14Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.339 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.339 of 2019 and C.M.P(MD) No.7875 of 2019 S.Philo Ignacia ... Petitioner -VsX.Adhavan Murasu @ Jesu Paul Diraviya Murasu ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.,to withdraw I.D.O.P.No.155 of 2019 from the file of Principal District Court, Tiruchirapalli and transfer the same to the file of Principal District Court, Dindigul. For Petitioner : Mr.S.Anand Chandrasekar for M/s.SARVABHAUMAN ASSOCIATES For Respondent : Mr.M.Killivalavan

O R D E R

The petitioner/wife, who is facing the proceedings for divorce under Section 10(ix)(x) of the Divorce Act, 1869 in I.D.O.P.No.155 of 2019 on the file of the Principal District Court, Tiruchirappalli, seeks transfer of the same to the Principal District Court, Dindigul.

2. The transfer is sought for mainly on the ground of convenience claiming that four years old minor child is with the petitioner and she is looking after the minor child also and hence, it is very difficult for her to travel from Dindigul to Trichirappalli. Admittedly, the husband is a resident of Bangalore and therefore, if the proceedings are held at Trichirappalli or Dindigul will not make much difference as far as the husband is concerned.

3. Considering the convenience of the wife and the fact that she is to take care of minor child aged about 4 years, I am of the opinion I.D.O.P.No.155 of 2019, on the file of the Principal District Court, Trichirappalli can be transferred to the Principal District Court, Dindigul.

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Tr.C.M.P(MD)No.339 of 2019

4. Hence, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in I.D.O.P.No.155 of 2019 is withdrawn from the file of the Principal District Court, Trichirappalli and transferred to the file of Principal District Court, Dindigul to be tried and disposed of in accordance with law. The Principal District Judge, Trichirappalli is directed to transmit the papers to the Principal District Judge, Dindigul, forthwith. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (records) // True Copy // / /2020 Sub Assistant Registrar(CS ) Am To

1. The Principal District Court, Trichirappalli.

2. The Principal District Court, Dindigul.

3. The Record Keeper, V.R.Section,(2 copies) Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.SARVABHAUMAN ASSOCIATES, Advocate ( SR-6379[F] dated 14/02/2020 ) +1 CC to Mr.D.SENTHIL, Advocate ( SR-6489[F] dated 14/02/2020 ) Tr.C.M.P(MD)No.339 of 2019 14.02.2020 MK (26.02.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2