Madras High CourtTR CMP(MD)/396/2019allowed

Jency Alias Mary Jency v. Arul Fredrick

2019-11-14Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P(MD)No.396 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2019 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P(MD)No.396 of 2019 and C.M.P.(MD) No.8999 of 2019 Jency @ Mary Jency ... Petitioner/Respondent Vs.

Arul Fredrick ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw and transfer G.W.O.P.No.71 of 2019 from the file of the Principal District Court, Pudukkottai to Family Court, Trichy.

For Petitioner : Mr.T.Senthilkumar For Respondent : Mr.T.Vadivelan

ORDER

This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking transfer of the case in G.W.O.P.No.71 of 2019 filed by the respondent/husband on the file of the Principal District Court, Pudukkotttai to the file of the Family Court, Trichy.

2. The ground on which the present Transfer Civil Miscellaneous Petition is filed is that the minor child is ordinarily residing with the petitioner/mother and therefore, the Principal District Court, Pudukkottai, does not have the jurisdiction to hear the said G.W.O.P.

3. The learned counsel for the respondent/husband would submit that the respondent/father only seeks to visit the child.

4. To this, the learned counsel for the petitioner has no objection to the father meeting the son on every Sunday at the local Church at Ammappatti at 11.00 a.m.

5. Considering the legal submission made, this Court is inclined to allow this Transfer Civil Miscellaneous Petition and to issue the following directions:

i) The learned Principal District Judge, Pudukkottai, is directed to transmit the entire records in G.W.O.P.No.71 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.396 of 2019 of 2019 to the file of the Family Court, Trichy, within a period of two weeks from the date of receipt of a copy of this order;

ii)the learned Judge, Family Court, Trichy, after obtaining the records on transfer, is directed to dispose of G.W.O.P.No.71 of 2019 as expeditiously as possible in accordance with law; and iii)the respondent/husband is permitted to visit his son on every Sunday at 11.00 a.m., at the local Church at Ammapatti.

4. In the result, this transfer civil miscellaneous petition is allowed as prayed for.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (writs) // True Copy // Sub Assistant Registrar(CS ) Pm To 1.The Principal District Judge, Pudukkottai.

2.The Judge, Family Court, Trichy.

+1 CC to Mr.T.SENTHIL KUMAR, Advocate (SR-98599[F] dated 15/11/2019 ) +1 CC to Mr.T.VADIVELAN, Advocate ( SR-99098[F] dated 18/11/2019 ) Tr.C.M.P(MD)No.396 of 2019 14.11.2019 MK (02.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2