Madras High CourtTR CMP(MD)/237/2018allowed

Poornima Rani v. Seenivasan

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

Tr.C.M.P(MD)No.237 of 2018 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.237 of 2018 and C.M.P.(MD) No.6011 of 2018 Poornima Rani ... Petitioner Vs.

Seenivasan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the case in F.C.H.M.O.P.No.31 of 2018 pending on the file of the Family Court, Ariyalur and transfer the same to the file of the Principal Subordinate Court, Thanjavur.

For Petitioner : Mr.N.Tamilmani For Respondent : No Appearance

ORDER

This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking transfer of the case in F.C.H.M.O.P.No.31 of 2018 filed by the respondent/husband on the file of the Family Court, Ariyalur to the file of the Principal Subordinate Court, Thanjavur.

2. The learned counsel for the petitioner would submit that the petitioner has her permanent residence at Thanjavur and her daughter, who is just aged about seven years, is living with her at Thanjavur. The respondent/husband is also not maintaining the petitioner and her daughter.

3. Considering the fact that the petitioner is in Thanjavur and she is finding it difficult to prosecute the case at Ariyalur and also considering the hardship that is caused to the petitioner and the fact that the petitioner has a permanent residence at Thanjavur, this Court is inclined to issue the following direction: i) The learned Judge, Family Court, Ariyalur, is directed to transmit the entire records in F.C.H.M.O.P.No.31 of 2018 to the file of the Principal Subordinate Court, Thanjavur, within a period of two weeks from the date of receipt of a copy of this order.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.237 of 2018 ii) the learned Principal Subordinate Judge, Thanjavur, after obtaining the records on transfer, is directed to dispose of F.C.H.M.O.P.No.31 of 2018 as expeditiously as possible in accordance with law.

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 Judge, Family Court, Ariyalur.

2.The Principal Subordinate Judge, Thanjavur. +1 CC to Mr.N.TAMILMANI, Advocate ( SR-98461[F] dated 15/11/2019 ) Tr.C.M.P(MD)No.237 of 2018 14.11.2019 MK (29.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2