Madras High CourtTR CMP(MD)/462/2019allowed

Radha v. Karthi

2020-08-24Honourable Mr Justice N. Seshasayee2 pages

Tr.C.M.P.(MD) No.462 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Tr.C.M.P.(MD) No.462 of 2019 and C.M.P.(MD)No.10573 of 2019 Radha ... Petitioner -vsKarthi ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw the case in H.M.O.P.No.96 of 2019 on the file of the Sub Court, Lalgudi and to transfer it to the Family Court, Madurai.

For Petitioner : Mr.K.Chengizkhan For Respondent : Mr.Sasikumar

O R D E R

This transfer civil miscellaneous petition has been filed to withdraw H.M.O.P.No.96 of 2019 now pending on the file of the Sub Court, Lalgudi and to transfer the same to the Family Court, Madurai.

2.The learned counsel for the petitioner submitted that husband/respondent of the petitioner has now moved to Singapore and hence, he could not take steps to inform him about this case. He also added that as instructed by this Court, notice was taken on Mr.Sasikumar, the learned counsel appearing for the respondent before the Court below. (Mr.Sasikumar 's Contact No.9952391414). 3.Mr.Sasikumar, learned counsel logged-in and he submitted that due to COVID-19, there is some difficulty in mobility and further, he opposed for transfer of the case.

4.After hearing both sides, this Court sensed that even though there is some resistance on the part of the learned counsel for the respondent, there is no serious objection as may merit consideration of this Court.

5.This Court is satisfied with the reasons stated in the affidavit filed in support of this petition.

6.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The proceedings in H.M.O.P.No.96 of 2019 now pending on the file of the Sub-Court at Sub Court, Lalgudi is directed to be https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD) No.462 of 2019 withdrawn from the said Court and transferred to the file of the II Additional Subordinate Court, Madurai to be disposed of in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) gns/tsg-2 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 Judge, Sub Court, Lalgudi 2.The Judge, II Additional Sub Court, Madurai. Tr.C.M.P.(MD) No.462 of 2019 24.08.2020 AP(04/09/2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2