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Madras High CourtTR CMP(MD)/513/2017allowed

Ponsega v. Srinivasan

2019-09-10Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P. (MD)No.513 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P. (MD)No.513 of 2017 and C.M.P(MD) No.10811 of 2017 Ponsega ... Petitioner Vs.

Srinivasan ... Respondent PRAYER:- Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.211 of 2016 on the file of the Principal Subordinate Judge, Tiruchirappalli and to transfer the same for trial to the file of Principal Subordinate Judge, Pattukkottai. For Petitioner : No appearance For Respondent : No appearance

ORDER

The above Transfer Civil Miscellaneous Petition is filed by the respondent/wife seeking to transfer H.M.O.P.No.211/2016, pending on the file the Principal Subordinate Judge, Tiruchirappalli to the file of Principal Subordinate Judge, Pattukottai. 2.None appears for the petitioner. Though the notice has been served on the respondent and his name has been printed in the cause list, none appeared on behalf of the respondent. Therefore, this matter is taken up by this Court for disposal. 3.The transfer is sought on the following grounds:- (a)that the petitioner is unemployed and living at Pattukkottai in the care and custody of her parents.

b)that she has filed M.C.No.11/2016, which is pending on the file of the Judicial Magistrate's Court at Pattukkottai. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P. (MD)No.513 of 2017 4.Considering the fact that the petitioner is not maintaining his wife and the wife has been driven to file a Maintenance Case and the fact that the Sub-Court, Pattukkottai also has jurisdiction to try the petition for divorce, this Court is inclined to order the above petition.

5.In fine, this Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.211 of 2016, pending on the file of the Principal Subordinate Judge, Tiruchirappalli is withdrawn and transferred to the file of Principal Subordinate Judge, Pattukottai. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal Subordinate Court, Tiruchirappalli.

2.The Principal Subordinate Court, Pattukkottai.

Tr.C.M.P. (MD)No.513 of 2017 and C.M.P(MD) No.10811 of 2017 10.09.2019 CS(24.09.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2