Madras High CourtTR CMP(MD)/518/2019allowed

Vishnu Priya v. G.Praveen Kumar

2020-01-09Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P.(MD)No.518 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.(MD)No.518 of 2019 and C.M.P.(MD)No.11941 of 2019 Vishnu Priya ... Petitioner / Respondent Vs.

G.Praveen Kumar ... Respondent / Petitioner PRAYER: This Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.1077 of 2018 from the file of the Family Court, Madurai and transfer the same to the Sub Court, Kovilpatti.

For Petitioner : Mr.P.Vijayakumar For Respondent : No Appearance

O R D E R

The wife, who is facing a petition for divorce in H.M.O.P.No.1077 of 2018 on the file of the Family Court at Madurai, has come with this petition for transfer of the same to the Sub Court, Kovilpatti, claiming that she is now residing with her father at Kovilpatti and it will be very difficult for her to travel to Madurai to conduct the proceedings, since her presence is required before the Family Court for every hearing.

2.The respondent, though served is not appearing either in person or through counsel, duly instructed.

3.It is seen from the returned notice that the mother of the respondent has received the Court notice and his father has received the private notice.

4.Accepting the averments made in the affidavit filed in support of this Transfer Civil Miscellaneous Petition and the fact that the petitioner is also got a male child to be looked after, this Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.1077 of 2018 is withdrawn from the file of the Family Court, Madurai and transferred to the file of the Sub Court, Kovilpatti to be disposed of in accordance with law. The Family Court, Madurai is required to transmit the papers in H.M.O.P.No.1077 https://hcservices.ecourts.gov.in/hcservices/ 1/4

Tr.C.M.P.(MD)No.518 of 2019 of 2018 to the Sub Court, Kovilpatti, forthwith. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

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

2.The Subordinate Judge, Kovilpatti.

+1 CC to M/s.P.VIJAYAKUMAR, Advocate ( SR-1173[F] dated 09/01/2020 ) Tr.C.M.P.(MD)No.518 of 2019 09.01.2020 SMA/28/01/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/4