Madras High CourtTR CMP(MD)/425/2019allowed

Deepthi v. G.N.Balaji

2019-11-27Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P. (MD)No.425 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P. (MD)No.425 of 2019 and C.M.P(MD) No.9773 of 2019 Deepthi ... Petitioner Vs.

G.N.Balaji ... Respondent PRAYER:- Petition filed under Section 24 of Civil Procedure Code, to withdraw the proceedings in H.M.O.P.No.117 of 2019 on the file of the learned Sub Court, Dindigul and to transfer the same to the file of learned Sub Court, Theni, Theni District. For Petitioner : Mr.K.Kannan For Respondent : Mr.H.Velavadhas

ORDER

The above Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P.No.117 of 2019 filed by the husband on the file of the Sub Court, Dindigul, for divorce to the file of the Sub Court, Theni, Theni District. 2.The learned counsel appearing for the respondent, on instructions, would submit that the respondent/husband has no objection to transfer, as sought for by the petitioner. But however, he would submit that the dispute between the parties could be dissolved, if the matter is posted for mediation. 3.Considering the fact that the respondent has no objection to transfer the petition, the petition in H.M.O.P.No.117 of 2019 pending on the file of the Sub Court, Dindigul, is ordered to be withdrawn and transferred to the file of Sub Court, Theni, Theni District.

The learned Subordinate Judge, Dindigul, is directed to transmit the entire records in H.M.O.P.No.117 of 2019 to the Sub Court, Theni, Theni District. The learned Subordinate Judge, Theni, Theni District, is directed to first send the parties for mediation before the Mediation centre of the Sub Court, Theni, https://hcservices.ecourts.gov.

Tr.C.M.P. (MD)No.425 of 2019 Theni District and thereafter, to take up the matter for hearing. 4.With the above directions, this Transfer Civil Miscellaneous Petition is allowed.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) cp To 1.The Subordinate Judge, Dindigul.

2.The Subordinate Judge, Theni, Theni District.

+1 CC to M/s.K.K.KANNAN, Advocate ( SR-101753[F] dated 27/11/2019 ) +1 CC to M/s.H. VELAVADHAS, Advocate ( SR-101924[F] dated 27/11/2019 ) Tr.C.M.P. (MD)No.425 of 2019 and C.M.P(MD) No.9773 of 2019 27.11.2019 KM/(17.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2