Madras High CourtTR CMP(MD)/529/2019allowed

T.Geetha Priya v. U.Thayalan

2020-01-22Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD) No.529 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.529 of 2019 and C.M.P.(MD)No.12304 of 2019 T.Geetha Priya ... Petitioner vs.

U.Thayalan ... Respondent PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.48 of 2019 on the file of the Sub Court, Aranthangi and to transfer the same to the Family Court, Sivagangai to try along with M.C.No.57 of 2019.

For Petitioner : Mr.R.Devaraj For Respondent : Mr.D.Ramesh Kumar

ORDER

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.48 of 2019 on the file of the Sub Court, Aranthangi, seeks transfer of the same to the file of the Family Court, Sivagangai, wherein her petition for maintenance in M.C.No.57 of 2019 is pending.

2. It is pleaded that the petitioner is to take care of two minor children, one of them is aged about 11 months. Considering the fact that the petitioner / wife is having custody of two minor children and one of them is of very tender age, the request for transfer is just and reasonable. Hence, this transfer petition is allowed and H.M.O.P.No.48 of 2019 is withdrawn from the file of the Family Court, Aranthangi and transferred to the file of the Family Court, Sivagangai to be tried along with M.C.No.57 of 2019. The Sub Court, Aranthangi is directed to transmit the papers to the Family Court, Sivagangai forthwith. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD) No.529 of 2019 ta To 1.The The Sub Court, Aranthangi 2.The Family Court, Sivagangai +1 CC to Mr.D.RAMESH KUMAR, Advocate ( SR-2427[F] dated 22/01/2020 ) +1 CC to Mr.R.DEVARAJ, Advocate ( SR-2751[F] dated 24/01/2020 ) TR.C.M.P.(MD) No.529 of 2019 22.01.2020 MK (30.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2