Madras High CourtTR CMP(MD)/349/2019closed as withdrawn

Mrs.Ramya v. Mr.R.Nandakumar

2020-08-24Honourable Mr Justice N. Seshasayee2 pages

Tr.C.M.P.(MD) No.349 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Tr.C.M.P.(MD) No.349 of 2019 and C.M.P.(MD)No.8001 of 2019 Ramya ... Petitioner -vsR.Narandrakumar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.197 of 2019 on the file of Principal Sub Court, Thanjavur and transfer the same to the file of Family Court, Dindigul.

For Petitioner : Mr.S.Sarvagan Prabhu

O R D E R

The learned counsel appearing for the petitioner submitted that this transfer civil miscellaneous petition has been filed to transfer the matrimonial cause from the Principal Sub Court, Thanjavur to the Family Court, Dindigul. He would submit that both the spouses have arrived at a certain decision in taking forward the matrimony.

2.The learned counsel for the petitioner submitted that in view of the settlement now arrived, the present petition may not be required. However, he also prayed that till such time, necessary petitions are filed before the Court where H.M.O.P..No.197 of 2019 is pending, the present petition may be kept alive or may be closed with liberty to re-open this petition, in the eventuality of the said H.M.O.P..No.197 of 2019 not being settled. A memo to that effect has been filed before this Court.

3.Inasmuch as some kind of settlement has been arrived at, the present Transfer Civil Miscellaneous Petition, at the present, is superfluous. However, taking into consideration the apprehension of the learned counsel for the petitioner, this Court only intents to grant the petitioner liberty to file a fresh Transfer Civil https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD) No.349 of 2020 Miscellaneous Petition in the eventuality of his apprehension coming true.

4.Subject to the above observation, the present transfer civil miscellaneous petition is closed as withdrawn. No costs.

Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) gns/tsg-2 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:

The Principal Sub Court, Thanjavur.

+1 CC to M/s.N. DILIPKUMAR, Advocate ( SR-14791[F] dated 24/08/2020 ) Tr.C.M.P.(MD) No.349 of 2019 24.08.2020 KK(09.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2