Madras High CourtTR CMP(MD)/526/2019disposed of

N.Rohini Devi v. P.Jeyapandi

2020-01-21Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P.(MD)No.526 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.(MD)No.526 of 2019 and C.M.P.(MD)No.12230 of 2019 N.Rohini Devi ... Petitioner / Respondent Vs.

P.Jeyapandi ... Respondent / Petitioner PRAYER: This Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.548 of 2018 on the file of the Family Court, Madurai and to transfer the same to the Family Court, Dindigul.

For Petitioner : Mr.P.Manikandan For Respondent : Mr.S.M.Mohan Gandhi

O R D E R

The petitioner / wife, who is facing proceedings for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, in H.M.O.P.No.548 of 2018 on the file of the Family Court, Madurai, seeks transfer of the said proceedings to the Family Court, Dindigul, solely on the ground of convenience. 2.Even from the divorce petition filed before the Family Court, Madurai, it is seen that the wife is shown as a resident of Ponnimandhurai Village at Dindigul District. The jurisdiction of the Family Court at Madurai has been invoked on the ground that the marriage took place at Madurai within the jurisdiction of the Family Court, Madurai. It is also seen that certain proceedings for domestic violence are pending.

3.Taking into account the convenience of both the parties, H.M.O.P.No.548 of 2018 pending on the file of the Family Court, Madurai is withdrawn and transferred to Principal Sub Court, Dindigul to be tried and disposed in accordance with law. The transfer is made to the Principal Sub Court, since the presence of the parties for every hearing is not required and the inconvenience caused to the husband, who is a resident of Madurai by such transfer will be minimized. The Family Court, Madurai is directed to transmit https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD)No.526 of 2019 the papers in H.M.O.P.No.548 of 2018 to the Principal Sub Court, Dindigul, forthwith.

4. This Transfer Civil Miscellaneous Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) rj2 To 1.The Judge, Family Court, Madurai.

2.The Principal Subordinate Judge, Dindigul.

+1 CC to Mr.S.M.MOHAN GANDHI, Advocate (SR-2488[F] dated 22/01/2020 ) Tr.C.M.P.(MD)No.526 of 2019 21.01.2020 MK (30.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2