Madras High CourtTR CMP(MD)/459/2019allowed

S.Dhaarani, v. M.Balaganesh,

2020-03-02Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.03.2020

CORAM

THE HONOURABLE Mrs.JUSTICE R.THARANI TR C.M.P (MD) No.459 of 2019 and C.M.P(MD) No.10470 of 2019 S.Dhaarani .... Petitioner/Respondent -VsM.Balaganesh ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.4233 of 2019 on the file of the VIth Family Court at Chennai and transfer the same to the Sub Court, Virudhunagar, Virudhunagar District. For Petitioner : Mr.M.Jothi Basu For Respondent : No appearance

O R D E R

The above Transfer Civil Miscellaneous petition has been filed by the wife seeking to transfer of H.M.O.P No.4233 of 2019 on the file of the Sixth Family Court, Chennai, to the Sub Court, Virudhunagar, Virudhunagar District.

2.On the side of the petitioner, it is stated that the petitioner is now residing at Virudhungar. She has to take care of her five years old child. The husband has filed a petition in H.M.O.P.No.4233 of 2019 pending before the Sixth Family Court, Chennai, seeking for divorce and prayed the case to be transferred to Sub Court, Virudhunagar.

3.There is no representation on the side of the respondent. 4.The petitioner being a lady, who has to take care of her child, could not travel to Chennai to attend the Court hearings. Hence, in the interest of justice, the case pending before the Sixth Family Court, Chennai, in H.M.O.P.No.4233 of 2019 is withdrawn and transferred from the file of the Sixth Family Court, Chennai, to the Sub Court, Virudhunagar, Virudhunagar District. The learned Judge, Sixth Family Court, Chennai, is directed to transmit the entire records in H.M.O.P.No.4233 of 2019 to the Sub Court, Virudhunagar, Virudhunagar District. The learned Subordinate Judge, Virudhunagar, is hereby directed to issue summon to the respondent, after the case is renumbered.

https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp To 1.The Judge, Sixth Family Court, Chennai.

2.The Sub Judge, Virudhunagar.

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-9510[F] dated 02/03/2020 ) TR C.M.P (MD) No.459 of 2019 and C.M.P(MD) No.10470 of 2019 02.03.2020 CP TK/SAR. /18.03.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/