Madras High CourtTR CMP(MD)/502/2017allowed

A.Sankari, v. C.Janakiraman,

2019-09-18Honourable Ms. Justice P.T. Asha2 pages

TR.C.M.P.(MD)No.502 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T. ASHA TR.C.M.P.(MD)No.502 of 2017 and C.M.P(MD)No.10333 of 2017 A.Sankari ... Petitioner/Respondent Vs.

C.Janakiraman

...Respondent/Petitioner

PRAYER:- Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C to withdraw H.M.O.P.No.200 of 2017 on the file of the Subordinate Judge, Trichy, and transfer the same to the file of the Subordinate Judge, Thanjavur.

For Petitioner : Mr.M.Siddharthan For Respondent : No appearance

J U D G M E N T

The above Transfer Civil Miscellaneous Petition is filed to transfer H.M.O.P.No.200 of 2017 from the file of the Subordinate Judge, Trichy, to the file of the Subordinate Judge, Thanjavur. 2.The petitioner would submit that after the respondent had deserted her, she has been living with her maternal uncle since she is a orphan and she is totally depending on the maternal uncle for income. The petitioner would submit that it would cause great strain on her to travel from Thanjavur to Trichy to attend the hearing in H.M.O.P.No.200 of 2017. Further she is also totally depending on her day-to-day expenses on her maternal uncle and her travel can be done only with the male member which is additional burden on her uncle. It is for these reasons the petitioner has filed the present application for transfer. I find considerable force in the contentions put forth by the petitioner.

3. In the interest of justice, I am inclined to issue the following direction i) The Subordinate Judge, Trichy, is directed to transmit the entire records in H.M.O.P.No.200 of 2017 to the file of the Subordinate Court, Thanjavur, within a period of two weeks from the date of receipt of copy of this order. ii) the learned Subordinate Judge, Thanjavur, after obtaining the records on transfer, is directed to try H.M.O.P.No.200 of 2017 and dispose of the same as https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD)No.502 of 2017 expeditiously as possible in accordance with law.

4. In the result, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) CM To, 1.The Subordinate Judge, Trichy.

2.The Subordinate Judge, Thanjavur.

TR.C.M.P.(MD)No.502 of 2017 and C.M.P(MD)No.10333 of 2017 18.09.2019 KK/SAR/03.10.2019/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2