Madras High CourtTR CMP(MD)/479/2019allowed

Deepigha v. Rajkumar

2020-01-31Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.479 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.479 of 2019 and C.M.P(MD) No.11232 of 2019 Deepigha ... Petitioner -VsRajkumar ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.,to withdraw and transfer the H.M.O.P.No.183 of 2019 on the file of the learned Sub-Court, Theni to the Hon'ble Family Court, Dindigul.

For Petitioner :

Mr.R.Mohamed Riyaz For Respondent :

Mr.P.Sivachandran

O R D E R

The wife, who is facing the proceedings for divorce in H.M.O.P.No.183 of 2019 on the file of the Sub-Court, Theni, seeks transfer of the same to Family Court, Dindigul.

2. Admittedly, the wife is a resident of Chennai, where she is said to be working. The husband is a resident of Theni. The transfer is sought for solely on the ground of convenience and threat presumption.

3. Considering the fact that the wife and the husband are residing at Chennai and Theni respectively, it will be in the interest of justice to transfer the proceeding to Sub-Court Dindigul so that they need not appear in person for every hearing.

4. Hence, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in H.M.O.P.No.183 of 2019 is withdrawn from the file of the Sub Court, Theni and transferred to the file of Sub-Court, Dindigul to be disposed of in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.479 of 2019 The Sub-Court, Theni is directed to transmit the papers to the Sub- Court, Dindigul, forthwith. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) am To

1. The Subordinate Judge, Theni.

2. The Subordinate Judge, Dindigul.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.R.MOHAMED RIYAZ, Advocate ( SR-4482[F] dated 03/02/2020 ) Tr.C.M.P(MD)No.479 of 2019 31.01.2020 grl(CO) TR(17.02.2020)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2