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Madras High CourtTR CMP(MD)/534/2021allowed

J. Dolly Angel, v. S. Raja Kathiravan Alias Giftson,

2022-02-01Honourable Ms. Justice P.T. Asha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2022

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P.(MD) No.534 of 2021 and C.M.P.(MD) No.9760 of 2021 Dolly Angel ... Petitioner/Respondent -vsS.Rajakathiravan @ Giftson ... Respondent/Petitioner Prayer :- Petition filed under Section 24 of Code of Civil Procedure, to withdraw the case bearing I.D.O.P.No.39 of 2021 on the file of the Principal District Court, Srivilliputhur, Virudhunagar District and subsequently transfer the same to any other competent Court at Madurai more particularly to the Family Court, Madurai, Madurai District.

For Petitioner : Mr.J.Sankara Pandian, Advocate For Respondent : Mr.J.Jeyakumaran, Advocate

ORDER

The above application is filed by the wife seeking transfer of I.D.O.P.No.39 of 2021, pending on the file of the learned Principal District Judge, Srivilliputhur, Virudhunagar District, to the file of the Family Court at Madurai.

2. The respondent has entered appearance through counsel and the learned counsel appearing for the respondent would submit that he has no objection for the transfer, subject to the concession that the presence of the respondent, for every hearing before the Family Court, Madurai, be dispensed with.

3. In the light of the above submissions, this Transfer Civil Miscellaneous Petition is allowed and the I.D.O.P.No.39 of 2021, pending on the file of the learned Principal District Judge, Srivillliputhur, is withdrawn and transferred to the file of the https://hcservices.ecourts.gov.in/hcservices/ _________

Family Court, Madurai, to be tried along with M.C.No.111 of 2021. The learned Judge, Family Court, Madurai is directed not to insist upon the presence of the respondent for every hearing except for adducing evidence.

No costs. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar(CSI) // True Copy // / /2022 Sub Assistant Registrar(CS) pnn 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

1. The Principal District Judge, Srivilliputhur.

2. The Judge, Family Court, Madurai.

+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-3297[F] dated 01/02/2022 ) Tr.C.M.P.(MD) No.534 of 2021 and C.M.P.(MD) No.9760 of 2021 Dated: 01.02.2022 SP/23/03/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ _________