Madras High CourtTR CMP(MD)/651/2023disposed of

Pavithra v. Thiruppathi

2024-02-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN TR.C.M.P(MD)No. 651 of 2023 and C.M.P(MD)No. 14491 of 2023 Pavithra

...Petitioner

Vs.

Thiruppathi ....Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to withdraw the H.M.O.P.No.190 of 2023 pending on the file of the Sub Court, Kovilpatti, Thoothukudi District and transfer the same to the learned Family Court, Srivilliputhur, Virudhunagar District.

For Petitioner : Mr. T.Indrachithu For Respondents : No appearance 1/4

O R D E R

This Civil Revision Petition is filed seeking a direction to withdraw the H.M.O.P.No.190 of 2023 pending on the file of the Sub Court, Kovilpatti, Thoothukudi District and transfer the same to the learned Family Court, Srivilliputhur, Virudhunagar District.

2. The notice sent to the respondent was returned as 'left India'. Learned counsel for the petitioner would submit that the online status shows that the petitioner remained ex parte before the trial Court and the case is posted on 04.04.2024 for ex parte evidence. Hence the matter has become infructuous.

3. In view of the above submission, the petitioner has to file an application to set aside the ex parte order before the concerned trial Court. Thereafter only, she can file a petition seeking transfer. 2/4

4. With the above direction, this Transfer Civil Miscellaneous Petition stands disposed of. Consequently, connected miscellaneous petition stands closed.

21.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn To 1.The Sub Court, Kovilpatti, Thoothukudi District. 3/4

G. ILANGOVAN, J.

pnn 21.02.2024 4/4