Madras High CourtTR CMP(MD)/451/2019allowed

Dhanabackiam v. Ananthakrishnan

2019-12-16Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.451 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2019 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.451 of 2019 and C.M.P.(MD) No.10393 of 2019 Dhanabackiam ... Petitioner Vs.

Ananthakrishnan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the H.M.O.P.No.902 of 2019 on the file of the Family Court Judge, Madurai and to transfer the same to the Subordinate Judge, Aruppukottai for disposal.

For Petitioner : Mr. S.J.Chakkaravarthy For Respondent : No appearance

J U D G M E N T

Despite service, the respondent is not appearing either in person or through counsel duly instructed.

2. The petitioner seeks transfer of H.M.O.P.No.902 of 2019 pending on the file of the Family Court, Madurai, to the file of the Sub Court, Aruppukkottai. According to her, she is living at Aruppukottai with two children aged 9 and 4 years and hence, it will be difficult for her to conduct the proceedings at Family Court, Madurai, where the presence of the parties is required for every hearing.

3. I find justification in the request of the petitioner. Hence, H.M.O.P.No.902 of 2019 pending on the file of the Family Court, Madurai is withdrawn and transferred to the file of the Subordinate Court, Aruppukottai. The Family Court, Madurai is directed to forward the papers in H.M.O.P.No.902 of 2019 to the file of the Sub Court, Aruppukottai forthwith. Since the respondent is not appearing in person or through counsel, the Sub Judge, Aruppukottai, on receipt of the papers from the Family Court Madurai, shall issue notice to the respondent/petitioner in H.M.O.P.No. 902 of 2019 and proceed with the matter. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.451 of 2019

4. In the result, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To, 1.The Judge, Family Court, Madurai.

2.The Subordinate Judge, Aruppukottai.

+1 CC to M/s.S.J.CHAKKKARAVARTHY, Advocate ( SR-105241[F] dated 17/12/2019 ) Tr.C.M.P(MD)No.451 of 2019 and C.M.P.(MD) No.10393 of 2019 16.12.2019 CM AE/ (03.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2