Madras High CourtTR CMP(MD)/501/2019dismissed

R.Ganeshkumar v. B.Ailandeshwari

2020-01-22Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD) No.501 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.501 of 2019 R.Ganeshkumar ... Petitioner/Petitioner vs.

B.Akilandeshwari ... Respondent/Respondent PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.217 of 2016 pending before the Family Court at Trichirapalli and transfer the same to Family Court, Madurai or any competent Court. For Petitioner : Mr.P.Muthu Vijaya Pandian

ORDER

The petition for transfer has been filed by the husband, who has filed a petition for divorce under Section 13(i)(ia) of the Hindu Marriage Act, 1955 in H.M.O.P.No.217 of 2016 on the file of the Family Court, Tiruchirappalli.

2. While the wife is residing at Tiruchirappalli, the petitioner/ husband happens to be a resident of Perungulathur near Chennai. Despite service, the respondent has not chosen to appear either in person or through counsel duly instructed.

3. The main ground on which transfer is sought for is that there is no regular judge in the Family Court, Tiruchirappalli for more than one and half year. Therefore, the proceedings are delayed.

4. It is now brought to my notice by the Registry that regular Judge with full additional charge has been appointed to the Family Court, Tiruchirappalli and the Family Court, Tiruchirappalli is functioning. Hence, the sole ground, on which transfer is sought https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD) No.501 of 2019 for is effaced. Therefore, this transfer petition is dismissed. The Family Court, Tiruchirappalli is directed to dispose of H.M.O.P.No.217 of 2016 on priority basis, at any rate within a period of six months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) ta To The Judge, Family Court, Tiruchirappalli +1 CC to Mr.P.MUTHU VIJAYA PANDIAN, Advocate ( SR-2460[F] dated 22/01/2020 ) TR.C.M.P.(MD) No.501 of 2019 22.01.2020 KM/(07.02.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2