Madras High CourtTR CMP(MD)/543/2019allowed

K.Karpagavalli, v. S.Prabhakar,

2020-02-05Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD) No.543 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.543 of 2019 and C.M.P(MD)No.12590 of 2019 K.Karpagavalli ... Petitioner/ Respondent vs.

S.Prabhakar ... Respondent/Petitioner PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.393 of 2019 on the file of the Family Court, Madurai and transfer the same to the Family Court, Srivilliputhur. For Petitioner : Mr.A.Balaji For Respondent : Mr.S.Ayyanar Premkumar

ORDER

The petitioner / wife, who is facing the proceedings for divorce under Section 13 (1) (i-a) (i-b) of the Hindu Marriage Act before the Family Court, Madurai, has come up with this petition seeking transfer of the said proceedings to the file of the Family Court, Srivilliputhur.

2. The transfer is sought mainly on the ground of convenience, since the wife / petitioner has to look after her 11⁄2 year old male child. The request for transfer is opposed by the husband / respondent on the ground that if the proceedings are transferred to the Family Court, he will have to travel 164 kilometers to and fro for every hearing.

3. Considering the convenience of both the parties, I am of the opinion that transfer of the proceedings to the Sub Court, where presence of parties is not required for every hearing, would be ideal. Hence, the proceedings in H.M.O.P.No.393 of 2019 are withdrawn from the file of the Family Court, Madurai and transferred to the file of the Sub Court, Srivilliputhur to be disposed of in accordance with law. The Family Court, Madurai is directed to transmit the papers in H.M.O.P.No.393 of 2019 to the file of the Sub Court, Srivilliputhur forthwith.

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TR.C.M.P.(MD) No.543 of 2019

4. This transfer civil miscellaneous petition is allowed, accordingly. No costs. Consequently, connected miscellaneous petition is closed.

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

2.The Sub Court, Srivilliputhur +1 CC to MR.S.AYYANAR PREAM KUMAR, Advocate ( SR-4848[F] dated 05/02/2020 ) +1 CC to MR.A.BALAJI, Advocate ( SR-4895[F] dated 05/02/2020 ) TR.C.M.P.(MD)No.543 of 2019 05.02.2020 MK (12.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2