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Madras High CourtTR CMP(MD)/503/2022allowed

Reethika v. Saravanan

2023-03-29Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.7983 of 2022 Reethika, W/o.Saravanan .. Petitioner

Versus

Saravanan, S/o.Baskar .. Respondent Prayer :- Petition filed under Section 24 r/w. Section 151 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.239 of 2022 from the file of the Family Court, Cuddalore, and to transfer the same to the file of the Principal Subordinate Court, Kumbakonam, Thanjavur District. For Petitioner :

Mr.T.Sathiyanathan For Respondent :

Mr.D.S.Haroon Rasheed

ORDER

This Petition has been filed to withdraw the case in H.M.O.P.No.239 of 2022 from the file of the Family Court, Cuddalore, and to transfer the same to the file of the Principal Subordinate Court, Kumbakonam, Thanjavur District. 1/4

2. The learned counsel for the respondent submits that the respondent has no objection for transferring the H.M.O.P. from the file of the Family Court, Cuddalore to the file of the Principal Subordinate Court, Kumbakonam, Thanjavur District. However, the Court may direct the parties to come for mediation, so that, the respondent can at least see the child born to him and the petitioner.

3. The request of the petitioner and the respondent is genuine and therefore, the present Transfer Civil Miscellaneous Petition stands allowed, by directing transfer of H.M.O.P.No.239 of 2022 pending on the file of the Family Court, Cuddalore, to the file of the Principal Subordinate Court, Kumbakonam, Thanjavur District. The learned Principal Subordinate Judge, Kumbakonam, Thanjavur District, is directed to refer the parties for mediation pending disposal of H.M.O.P. The learned Principal Subordinate Judge, Kumbakonam, Thanjavur District, shall endeavour to give speedy disposal of H.M.O.P.No.239 of 2022, on it being renumbered, as expeditiously as possible, preferably within a period of 12 months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes/No Index : Yes/No 29.03.2023 Internet : Yes/No smn2 2/4

To 1.The Judge, Family Court, Cuddalore.

2.The Principal Subordinate Judge, Kumbakonam, Thanjavur District.

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C.SARAVANAN, J.

smn2 Order made in 29.03.2023 4/4