Madras High CourtTR CMP(MD)/368/2019allowed

Salin Thangamani v. V.Bernice Halajah

2019-10-16Honourable Ms. Justice P.T. Asha2 pages

TR.C.M.P.(MD) No.368 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.(MD) No.368 of 2019 and C.M.P.(MD) No.8487 of 2019 Salin Thangamani ... Petitioner vs.

V.Bernice Halajah ... Respondent Prayer:-This Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw MC.No.5 of 2018 from the file of the learned Chief Judicial Magistrate, Sathankulam and transfer the same to the file of the Principal District Court, Thoothukudi to be tried along with DOP.No.16 of 2019.

For Petitioner : Mr.G.Jermiah For Respondent : Mr.B.N.Rajmohan

ORDER

The above Transfer Civil Miscellaneous Petition is filed by the petitioner/husband seeking to transfer the maintenance case filed by the respondent/wife in MC.No.5 of 2018 on the file of the learned Chief Judicial Magistrate, Sathankulam, to be tried along with DOP.No.16 of 2019 filed by the petitioner/husband for divorce on the file of the Principal District Judge, Thoothukudi. 2.The respondent has entered into appearance through her counsel and the learned counsel appearing for the respondent would submit that the respondent/wife has no objection to allow this petition.

3.Recording such submission, this Transfer Civil Miscellaneous Petition is allowed and the petition in MC.No.5 of 2018 pending on the file of the learned Chief Judicial Magistrate, Sathankulam, is ordered to be withdrawn and transferred to the file of Principal District Court, Thoothukudi. The learned Chief Judicial Magistrate, Sathankulam, is directed to transmit the entire records of MC.No.5 https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD) No.368 of 2019 of 2018 to the Principal District Court, Thoothukudi, as expeditiously as possible to be tried along with DOP.No.16 of 2019 filed by the petitioner/husband for divorce. No costs.

Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) mm To 1.The Chief Judicial Magistrate, Sathankulam.

2.The Principal District Judge, Thoothukudi.

+1 CC to Mr.G.JEREMIAH, Advocate SR-92341.

TR.C.M.P.(MD) No.368 of 2019 16.10.2019 CS(13.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2