Madras High CourtTR CMP(MD)/528/2019allowed

M.Karthika v. R.Eswaran

2020-01-24Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.528/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.528 of 2019 and C.M.P(MD) No.12266 of 2019 M.Karthika ... Petitioner / Respondent -VsR.Eswaran ... Respondent / Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.,to withdraw the case in H.M.O.P.No.580 of 2017 pending on the file of the Subordinate Judge Court at Poonamallee and transfer to the Subordinate Court, Uthamapalayam. For Petitioner :

Mr.R.Alagumani For Respondent :

Mr.H.Elango

O R D E R

The petitioner/wife, who is facing the proceedings for divorce under Section 13(1)(i-a) of the Hindu Marriage Act before the Sub Court, Poonamallee, seeks transfer of the said proceedings to Family Court, Uthamapalayam. The transfer is sought for mainly on the ground of convenience.

2. It is also stated that the wife has to lookafter her two minor children a boy and a girl. It is reported that there is no Family Court at Uthamapalayam but only Sub Court is functioning.

3. Taking into account the convenience of the wife, I am of the considered opinion that the proceedings in H.M.O.P.No.580 of 2017 can be transferred to the file of Sub Court, Uthamapalayam for disposal in accordance with law. Hence, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in H.M.O.P.No.580 of 2017 is withdrawn from the file of the Sub Court, Poonamallee and transferred to the file of Sub Court, Uthamapalayam. The Sub Court, Poonamallee is directed to transmit the papers to the Sub Court, Uthamapalayam forthwith.

4. Considering the fact that the H.M.O.P., is of the year 2017, the Sub Court, Uthamapalayam is directed to dispose of the H.M.O.P., as expeditiously as possible at any rate within a period of Nine months from the date of receipt of the records. However, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.528/2019 there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) am To

1. The Sub Court, Poonammallee, Thiruvallur District

2. The Sub Court, Uthamapalayam, Theni Dt +1 CC to M/s.R.ALAGUMANI, Advocate ( SR-3015[F] dated 24/01/2020 ) Tr.C.M.P(MD)No.528 of 2019 24.01.2020 SMA/05/02/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2