Madras High CourtTR CMP(MD)/625/2021allowed

Shanthi v. Vijayakumar

2022-02-15Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Tr.C.M.P.(MD) No.625 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HONOURABLE MRS.JUSTICE S.ANANTHI Tr.C.M.P.(MD) No.625 of 2021 & C.M.P.(MD) No.11235 of 2021 Shanthi ... Petitioner/Respondent -vsVijayakumar ... Respondent/Petitioner Prayer: Petition filed under Sections 24 of Code of Civil Procedure, to withdraw H.M.O.P.No.36 of 2021 from the file of the Sub-ordinate Court, Vedasandur and transfer the same to the learned Family Court, Dindigul.

For Petitioner :

Mr.K.Arunraj For Respondent :

No-appearance

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.36 of 2021 from the file of the Sub-ordinate Court, Vedasandur and transfer the same to the learned Family Court, Dindigul.

2. The respondent/husband filed H.M.O.P.No.36/2021 on the file of the Sub-ordinate Court, Vedasandur for divorce and the same is pending. The petitioner has filed a petition for restitution of conjugal rights in H.M.O.P.No.234 of 2021. Now, the petitioner / wife is residing along with her parents at Dindigul. Hence, she filed this petition to transfer the case to the Court at Dindigul to try along with H.M.O.P.No.234 of 2021.

3. The learned counsel for the petitioner would submit that the petitioner is residing at Dindigul along with her parents. Hence, she is unable to travel to Vedasandur from Dindigul for every hearing of the case. Therefore she would pray that the said HMOP shall be transferred to the Family Court, Dindigul.

4. Even though the name of the respondent is printed in the cause lists, no representation on behalf of the respondent. https://hcservices.ecourts.gov.in/hcservices/ _________

Tr.C.M.P.(MD) No.625 of 2021

5. In view of the fact that the petitioner is unable to travel from Dindigul to Vedasandur for every hearing of the case, H.M.O.P.No.36 of 2021 is withdrawn from the file of the Sub-ordinate Court, Vedasandur and is transferred to the file of the Family Court, Dindigul. Accordingly, the Transfer CMP is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb 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 Sub-ordinate Judge, Vedasandur

2. The Judge,Family Court, Dindigul.

Tr.C.M.P.(MD) No.625 of 2021 15.02.2022 MGJ(01.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ _________