Madras High CourtTR CMP(MD)/539/2018allowed

P.Nasreen, v. T.A.Thameem Ansar Ali,

2020-07-27Honourable Mr Justice N. Seshasayee2 pages

TR.C.M.P.(MD) No.539 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.SESHASAYEE TR.C.M.P.(MD) No.539 of 2018 and C.M.P(MD)No.12524 of 2018 P.Nasreen ... Petitioner/Defendant vs.

T.A.Thameem Ansar Ali ... Respondent/Plaintiff PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw case in O.S.No.57 of 2018 on the file of the Family Court, Madurai and transfer the same to the District Munsif Court, Tiruchendur. For Petitioner : Mr.Antony S.Prabahar For Respondent : Mr.M.Muneeswaran for Mr.S.J.Chakkarawarthy

ORDER

This petition is filed by the petitioner, who is the wife of the respondent seeking transfer of O.S.No.57 of 2018, which is now pending on the file of the Family Court, Madurai to the file of the District Munsif Court, Tiruchendur.

2. The respondent had filed O.S.No.57 of 2018 for dissolution of his marriage with the petitioner. The petitioner sates that she has a 2 1⁄2 year old baby, born to her through the respondent and it would be difficult for her to undertake frequent travel covering a distance of 180 to 200 Kilometers every time.

3. Heard the learned counsel appearing on either side.

4. The learned counsel for the respondent submitted that if the matter is transferred to Tiruchendur, the respondent will be inconvenienced equally.

5. After weighing the rival submissions on either side, this Court is satisfied with the reasons set out by the petitioner for transfer. Accordingly, this transfer miscellaneous petition is allowed. The proceedings in O.S.No.57 of 2018 pending on the file of the Family Court, Madurai is withdrawn from the said Court and transferred to the file of the District Munsif Court, Tiruchendur to be disposed of as per law. The Family Court, Madurai is directed to transmit the records in O.S.No.57 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD) No.539 of 2018 to the District Munsif Court, Tiruchendur. No costs.

Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) Ta 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 Family Court, Madurai.

2.The District Munsif Court, Tiruchendur.

+1 CC to MR.S.J.CHAKKKARAVARTHY, Advocate ( SR-13314[F] dated 29/07/2020 ) TR.C.M.P.(MD)No.539 of 2018 27.07.2020 KM (31.07.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2