Madras High CourtTR CMP(MD)/524/2019allowed

Catherine Shantha Sheela v. Jerald Rajkumar

2020-02-11Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD) No.524 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.524 of 2019 and C.M.P(MD)No.12221 of 2019 Catherine Shantha Sheela ... Petitioner vs.

Jerald Rajkumar ... Respondent PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in I.D.O.P.No.15 of 2019 on the file of the District and Sessions Court, Thiruvarur and transfer to the Principal Sessions Judge, Trichy.

For Petitioner : Mr.N.Anandakumar For Respondent : Mr.R.Senthilkumar

ORDER

The petitioner / wife, who is facing the proceedings for divorce in I.D.O.P.No.15 of 2019 on the file of the District and Sessions Court, Thiruvarur seeks transfer of the same to the file of the Principal Sessions Court, Trichy.

2. It is stated that the wife is the resident of Trichy and she is dependant on her parents even for her day to day expenses.

3. Considering the fact that the wife is residing at Trichy and also considering the distance between Trichy and Thiruvarur, I am of the opinion that I.D.O.P.No.15 of 2019 pending on the file of the District and Sessions Court, Thiruvarur to be transferred to the file of the learned Principal Sessions Judge, Trichy to be disposed of on merits. Though the Family Court is available at Trichy transfer is made to the Principal Sessions Court is to avoid inconvenience to the husband as he would not be required to be present for every hearing unlike the Family Court.

4. Accordingly, this transfer civil miscellaneous petition is allowed. I.D.O.P.No.15 of 2019 pending on the file of the District and Sessions Court, Thiruvarur is withdrawn and transferred to the learned Principal Sessions Judge, Trichy to be disposed of in https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD) No.524 of 2019 accordance with law. The District and Sessions Court, Thiruvarur is directed to transmit the papers to the file of the learned Principal Sessions Judge, Trichy forthwith. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) ta To 1.The District and Sessions Judge, Thiruvarur. 2.The Principal Sessions Judge, Trichy.

+1CC to Mr.R.SENTHIL KUMAR, Advocate ( SR-5696[F] dated 11/02/2020 ) +1 CC to Mr.N.ANANDA KUMAR, Advocate ( SR-5730[F] dated 11/02/2020 ) TR.C.M.P.(MD)No.524 of 2019 11.02.2020 VB(20.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2