Madras High CourtTR CMP(MD)/447/2019allowed

R.Tamilselvi v. G.Ramachandran

2020-03-12Honourable Mrs Justice R. Tharani2 pages

TR C.M.P (MD) No.447 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12.03.2020

CORAM

THE HONOURABLE Mrs. JUSTICE R.THARANI TR C.M.P (MD) No.447 of 2019 and C.M.P(MD) No.10269 of 2019 R.Tamilselvi .... Petitioner/Respondent -VsG.Ramachandran ... Respondent/ Petitioner Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.41 of 2017 pending before the Subordinate Judge, Vedasandur, Dindigul District and to transfer the same to the Family Court, Coimbatore. For Petitioner : Mr.P.Karthikeyan For Respondent : No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the H.M.O.P.No.41 of 2017 pending before the Subordinate Judge, Vedasandur, Dindigul District, and to transfer the same to the Family Court, Coimbatore.

2. On the side of the petitioner, it is stated that the petitioner / wife is residing at Coimbatore from the year 2006 and she has to take care of her two children and could not travel to Vedasandur to attend the Court hearings and prayed that H.M.O.P.No.41 of 2017 pending before the Subordinate Judge, Vedasandur, Dindigul District, to be transferred to the Family Court, Coimbatore.

3. Though notice served on the respondent, name printed, none appeared for the respondent.

4. The reasons stated in the affidavit are satisfactory. No prejudice will be caused to the respondent. It is stated that there is a D.V.O.P. petition pending before the Judicial Magistrate, Coimbatore, in D.V.O.P.No.28 of 2017. Any how, the respondent / husband has to appear before the Court at Coimbatore, to attend the D.V.O.P case against him.

5. In view of the above facts stated, H.M.O.P.No.41 of 2017, is withdrawn from the file of the Subordinate Judge, Vedasandur, Dindigul District and the same is transferred to the Family Court, Coimbatore.

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TR C.M.P (MD) No.447 of 2019

6. The Subordinate Judge, Vedasandur, Dindigul District, is directed to transmit the entire records in H.M.O.P.No.41 of 2017, to the file of the Family Court, Coimbatore.

7. The Family Court, Coimbatore, is hereby directed to issue fresh summon to the respondent after the case is transferred and renumbered.

8. With the above directions, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls To

1. The Subordinate Judge, Vedasandur, Dindigul District.

2. The Judge,Family Court, Coimbatore.

+1 CC to M/s.P.KARTHIKEYAN, Advocate ( SR-11251[F] dated 12/03/2020 ) TR C.M.P (MD) No.447 of 2019 and C.M.P(MD) No.10269 of 2019 12.03.2020 VB(06.05.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2