Madras High CourtTR CMP(MD)/687/2023allowed

S.Minu v. Arunprasad

2024-01-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.01.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Tr.CMP(MD)No.687 of 2023 in C.M.P(MD)No.15325 of 2023 S.Minu ... Petitioner Vs Arunprasad ... Respondents Prayer : Transfer Civil Miscellaneous Petition is filed under Article 24 of the Civil Procedure Code, to withdrawn the H.M.O.P.No.452 of 2023 on the file of the Sub-Court, Alandur and transfer the same to the file of the Family Court, Trichy, to be tried along with H.M.O.P.No.360 of 2023 on the file of the Family Court, Trichy.

For Petitioner : Mr.T.Leninkumar For Respondent : Mr. M.Saravanan

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.452 of 2023 on the file of the Sub-Court, Alandur and 1/4

transfer the same to the file of the Family Court, Trichy, to be tried along with H.M.O.P.No.360 of 2023 on the file of the Family Court, Trichy.

2. Learned counsel for the respondent would submit that he has no objection for transferring the H.M.O.P.No.452 of 2023 from the file of the Sub Court, Alandur to the file of Family Court, Trichy for joint trial along with H.M.O.P.No.360 of 2023 pending before the Family Court, Trichy.

3. The grievance of the respondent is that now he is working in Chennai in an IT Company and for attending hearing at Trichy, he has to take two days leave. Therefore, he seeks for dispensing his personal appearance before the trial Court.

4. In view of the submission, the H.M.O.P.No.452 of 2023 pending on the file of the Sub Court, Alandur is transferred to the file of the Family Court, Trichy. The respondent is directed to make a submission before the Family Court, Trichy, for dispensing his personal appearance and the learned Judge, Family Court, Trichy, shall consider the position of the respondent and grant exemption on that account. 2/4

5. With this direction, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

29.01.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The Sub-Court, Alandur.

2.The Family Court, Trichy.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

pnn

ORDER

IN Tr.CMP(MD)No.687 of 2023 in C.M.P(MD)No.15325 of 2023 29.01.2024 4/4