Madras High Court
K.Suvitha vs S.R.Pearlson Sam Chellakumar on 26 April, 2021
Tr CMP (MD) No. 53 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :26.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.(MD) No.53 of 2021
and C.M.P.(MD)No.1080 of 2021
K.Suvitha ... Petitioner/Respondent
-vs-
S.R.Pearlson Sam Chellakumar ... Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw the case in I.D.O.P.No.38 of 2020 on the
file of the Principal District Judge, Trichirappalli and transfer the same to the file
of the learned Principal District Judge, Sivagangai.
For Petitioner : Mr.A.George Stephen Kanikkairaj
For Respondent : No appearance
ORDER
The present Transfer Civil Miscellaneous Petition is filed to withdraw
I.D.O.P.No.38 of 2020 on the file of the Principal District Judge, Trichirappalli
and transfer the same to the file of the learned Principal District Judge,
Sivagangai.
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 53 of 2021
2.The respondent/husband has filed I.D.O.P.No.38 of 2020 before the
Principal District Judge, Trichirappali for restitution of conjugal rights.
3. The learned counsel for the petitioner/wife submitted that the petitioner
is living with her parents along with children and the distance between Karaikudi
and Trichirappalli is about 300 kms. In such circumstances, it is very difficult to
travel from Karaikudi to Trichirappalli for attending every hearing in I.D.O.P.No.
38 of 2020 on the file of the Principal District Judge, Trichirappalli. It is further
submitted that the petitioner/wife has also filed I.D.O.P.No.2 of 2021 before the
Principal District Judge, Sivagangai for dissolution of marriage and if I.D.O.P.No.
38 of 2020 is transferred to the same court, it would avoid conflicting judgments.
4. Today, when the matter is taken up for hearing, there is no representation
on behalf of the respondent either in person or through counsel.
5. This Court considered the arguments made by the learned counsel for the
petitioner.
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 53 of 2021
6. This Court is satisfied with the reasons stated in the affidavit filed in
support of this petition.
7. Considering the facts and circumstances of the case and considering the
submission made by the learned counsel for the petitioner, I.D.O.P.No.38 of 2020
is withdrawn from the Principal District Judge, Trichirappalli and transferred to
the file of the Principal District Judge, Sivagangai, for disposal as per law. The
Principal District Judge, Trichirappalli is directed to transmit the papers to the file
of the Principal District Judge, Sivagangai, forthwith. The Principal District
Judge, Sivagangai, is directed to dispose I.D.O.P.No.38 of 2020 along with
I.D.O.P.No.2 of 2021 on merits and in accordance with law as expeditiously as
possible.
8.In fine, this petition is allowed. No costs. Consequently, connected
miscellaneous petition is closed.
26.04.2021
Internet : Yes / No
Index : Yes / No
msa/CM
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 53 of 2021
To:
1. The Principal District Judge, Sivagangai,
2. The Principal District Judge, Trichirappalli
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 53 of 2021
A.A.NAKKIRAN, J.
msa/CM
Order made in
Tr.C.M.P.(MD) No.53 of 2021
and C.M.P.(MD)No.1080 of 2021
Dated:
26.04.2021P
https://www.mhc.tn.gov.in/judis/
