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Madras High CourtTR CMP(MD)/388/2019allowed

Rachel Alias Loganayaki v. M.C.Arun

2019-11-29Honourable Ms. Justice P.T. Asha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P. (MD)No.388 of 2019 and C.M.P(MD) No.8847 of 2019 Rachel @ Loganayaki ... Petitioner/Respondent Vs.

M.C.Arun ... Respondent/Petitioner PRAYER:- Petition filed under Section 24 of Civil Procedure Code, to withdraw the case in D.O.P.No.157 of 2019 on the file of the Family Judge, Tirunelveli and transfer the same to the file of the Principle District Judge, Madurai or Family Judge, Madurai. For Petitioner : Mr.T.Vadivelan For Respondent : Mr.G.Sivaraja Boopathy

ORDER

The above Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of D.O.P.No.157 of 2019 pending on the file of the Family Court, Tirunelveli, to the file of the Family Court, Madurai.

2.The learned counsel appearing for the respondent, on instructions, would submit that the respondent has no objection to transfer, as sought for by the petitioner. But however, he would request that time frame may be fixed to dispose of the proceedings. 3.Considering the fact that the respondent has no objection to transfer the petition, the petition in D.O.P.No.157 of 2019 is ordered to be withdrawn and transferred from the file of the Family Court, Tirunelveli, to the file of Family Court, Madurai. The learned Judge, Family Court, Tirunelveli, is directed to transmit the entire records in D.O.P.No.157 of 2019 to the Family Court, Madurai. The learned Judge, Family Court, Madurai, is directed to dispose of D.O.P.No.157 of 2019 on merits and in accordance with law, as expeditiously as possible, however, not later than eight months from the date of receipt of the records from the Family Court, Tirunelveli.

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4. With the above directions, this Transfer Civil Miscellaneous Petition is allowed.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Judge, Family Court, Tirunelveli.

2.The Judge, Family Court, Madurai.

+1 CC to M/s.T.VADIVELAN, Advocate ( SR-103075[F] dated 03/12/2019 ) +1 CC to M/s.G.SIVARAJA BOOPATHY, Advocate ( SR-102597[F] dated 29/11/2019 ) cp Tr.C.M.P.(MD)No.388 of 2019 and C.M.P(MD) No.8847 of 2019 29.11.2019 na(CO) TR(19.12.2019)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2