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Madras High CourtTR CMP(MD)/777/2022allowed

Suba, v. M.Tamilselvan

2023-02-10Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Tr.C.M.P.(MD).No.777 of 2022 and C.M.P.(MD).No.12485 of 2022 Suba ... Petitioner Vs.

M.Tamilselvan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 151 of the Constitution of India, pleased to withdraw the case on the file of the learned Principal Subordinate Judge, Mayiladuthurai in H.M.O.P.No. 214 of 2022 and transfer the same to the learned Principal Subordinate Judge, Kumbakonam, Thanjavur District.

For Petitioner :Mr.B.Anandan For Respondent :No appearance 1/4

ORDER

The present Transfer Civil Miscellaneous Petition has been filed by the wife, seeking to transfer the H.M.O.P.No.214 of 2022, filed by the husband on the file of Principal Sub Court, Mayiladuthurai to be transferred to the Principal Subordinate Court, Kumbakonam, Thanjavur District. Even as per the address in H.M.O.P.No.214 of 2022, the wife is said to be residing in Thiruvidaimaruthur Taluk, Thanjavur District.

2. Though the respondent/husband has been served, there is no appearance either in person or through counsel.

3. The learned counsel for the petitioner submits that the wife is not in a position to travel for every hearing from Thiruvidaimaruthur to Mayiladuthurai, and she is residing along with her parents in Thiruvidaimaruthur, Tanjavur District.

4. Considering the above said facts, the H.M.O.P.No.214 of 2022, pending on the file of the Principal Subordinate Judge, 2/4

Mayiladuthurai is withdrawn and transferred to the file of the learned Principal Sub Judge, Kumbakonam, Thanjavur District.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is also closed.

10.02.2023 NCC :Yes / No Index :Yes / No Internet :Yes / No sbn To 1.The Principal Subordinate Court, Mayiladuthurai. Thanjavur District.

2.The Principal District Judge, Kumbakonam, Thanjavur District.

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R.

VIJAYAKUMAR ,J.

sbn Tr.C.M.P.(MD).No.777 of 2022 and C.M.P.(MD).No.12485 of 2022 10.02.2023 4/4