Madras High CourtTR CMP(MD)/340/2019allowed

M.Ummayal Rohini v. T.Ramasamy Alias Saravanan

2020-03-16Honourable Mrs Justice R. Tharani2 pages

TR C.M.P (MD) No.340 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 16.03.2020

CORAM

THE HONOURABLE Mrs. JUSTICE R.THARANI TR C.M.P (MD) No.340 of 2019 and C.M.P.(MD)No.7877 of 2019 M.Ummayal Rohini .... Petitioner/Respondent -VsT.Ramasamy @ Saravanan .... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.15 of 2019 on the file of the Sub Court, Devakottai and to transfer the same to the III Additional Sub Court, Madurai. For Petitioner : Mr.C.Vakeeswaran For Respondent : Mr.AL.Kannan

O R D E R

This Transfer Civil Miscellaneous petition is filed by the petitioner / wife seeking to transfer H.M.O.P.No.15 of 2019 on the file of the Sub Court, Devakottai , to the file of the III Additional Sub Court, Madurai.

2. On the side of the petitioner, it is stated that the petitioner / wife is now residing at Madurai, she is not able to travel to Devakottai alone to attend the Court hearings. The respondent / husband has filed a petition in H.M.O.P.No.15 of 2019 on the file of the Sub Court, Devakottai, seeking for divorce and prayed the case to be transferred to the III Additional Sub Court, Madurai.

3. Since preference is given to the wife in family matters by the Hon'ble Apex Court, this Court is of the view that the case pending before the Sub Court, Devakottai, in H.M.O.P.No.15 of 2019 is withdrawn and is transferred to the III Additional Sub Court, Madurai.

4. The Subordinate Judge, Devakottai, is directed to transmit the entire records in H.M.O.P.No.15 of 2019 to the III Additional Sub Court, Madurai.

5. The III Additional Subordinate Judge, Madurai, is hereby directed to issue sufficient notice to the respondent, after the https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR C.M.P (MD) No.340 of 2019 case is transferred and renumbered.

6. With the above directions, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Ls To 1.The III Additional Sub Court, Madurai.

2.The Sub Court, Devakottai.

+1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-11828[F] dated 16/03/2020 ) +1 CC to M/s.VR.SHANMUGANATHAN, Advocate ( SR-12370[F] dated 18/03/2020 ) TR C.M.P (MD) No.340 of 2019 16.03.2020 CN(15.05.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2