Madras High Court
P.Murugan vs N.Ponmareeshwari on 15 July, 2021
Tr CMP (MD) Nos.337 of 2020 and 120 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.(MD) Nos.337 of 2020 and 120 of 2021
and
CMP(MD).Nos.7487 of 2020 and 2397 of 2021
Tr.C.M.P.(MD) No.337 of 2020
P.Murugan ... Petitioner
-vs-
N.Ponmareeshwari ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw the petition for maintenance petition in
M.C.No.7 of 2020 on the file of the Family Court, Viluppuram and to transfer the
same to the file of the Family Court, Madurai, H.M.O.P.No.159 of 2020.
For Petitioner : Mr.A.Uthaman
For Respondent : Mr.T.Indrachithu
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Tr CMP (MD) Nos.337 of 2020 and 120 of 2021
Tr.C.M.P.(MD) No.120 of 2021
N.Ponmareeshwari ... Petitioner
-vs-
P.Murugan ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw the proceedings in H.M.O.P.No.159 of
2020 on the file of the learned Family Court, Madurai and to transfer the same to
the file of the learned Family Court, Vilupuram, Vilupuram District.
For Petitioner : Mr.T.Indrachithu
For Respondent : Mr.A.Uthaman
COMMON ORDER
Tr.C.M.P.(MD) No.337 of 2020 is filed to withdraw the petition for
maintenance petition in M.C.No.7 of 2020 on the file of the Family Court,
Viluppuram and to transfer the same to the file of the Family Court, Madurai,
H.M.O.P.No.159 of 2020 and Tr.C.M.P.(MD) No.337 of 2020 is filed to withdraw
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Tr CMP (MD) Nos.337 of 2020 and 120 of 2021
the proceedings in H.M.O.P.No.159 of 2020 on the file of the learned Family
Court, Madurai and to transfer the same to the file of the learned Family Court,
Vilupuram, Vilupuram District.
2.The respondent/wife in Tr.C.M.P(MD) No.337 of 2020 has filed
M.C.No.7 of 2020 before the file of the Family Court, Viluppuram for
maintenance. The petitioner/husband in Tr.C.M.P(MD) No.120 of 2021 has filed
HMOP No.159 of 2020 before the learned Family Court, Villupuram District, for
divorce.
3.The learned counsel for the petitioner/husband in Tr.C.M.P.(MD) No.337
of 2020 submitted that the petitioner is working as private acting Driver and he is
the sole bread-winner of the family and he has to take care of his parents and the
day today needs. In such circumstances, it is difficult for the petitioner to attend
the case hearings in M.C.No.7 of 2020. Therefore, he seeks transfer of the said
petition to the file of the Family Court, Madurai, to be tried along with
H.M.O.P.No.159 of 2020.
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Tr CMP (MD) Nos.337 of 2020 and 120 of 2021
4. The learned counsel for the respondent/wife in Tr.C.M.P(MD) No.337 of
2020 submitted that the respondent is living with her parental home at Villupuram
and her father is an aged person and she is the only person to take care of her
father. The respondent has no source of income and no one available to
accompany with her to travel for long distance and she is also suffering serious
financial crisis and the distance between Madurai to Vilupuram is nearly 300 kms.
Therefore, he seeks transfer of the petition in H.M.O.P.No.159 of 2020 to the file
of the Family Court, Vilupuram.
5.Considering the facts and circumstances of the case and considering the
submissions made by the learned counsel appearing for both sides and to avoid
conflicting judgments, H.M.O.P.No.159 of 2020 is withdrawn from the Family
Court, Madurai and transferred to the file of the Family Court, Villupuram,
Villupuram District, for disposal as per law. The learned Judge, Family Court,
Madurai, is directed to transmit the papers to the file of the Family Court,
Villupuram, Villupuram District, forthwith. The Judge, Family Court, Villupuram,
Villupuram District, is directed to club the proceedings in H.M.O.P.No.159 of
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Tr CMP (MD) Nos.337 of 2020 and 120 of 2021
2020 along with M.C.No.7 of 2020 together and dispose of the same on merits
and in accordance with law as expeditiously as possible.
6.The personal appearance of both parties before the Family Court,
Villupuram, Villupuram District, is dispensed with, except the dates of hearing,
on which, the learned Judge insisted upon the parties to appear before the Court.
On other hearing dates, the counsel on behalf of the parties may appear before the
court.
7. In fine, these Transfer Civil Miscellaneous Petitions are disposed of.
No costs. Consequently, connected miscellaneous petitions are closed.
15.07.2021
Internet : Yes / No
Index : Yes / No
msa/cp
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Tr CMP (MD) Nos.337 of 2020 and 120 of 2021
To:-
1.The Judge, Family Court, Madurai.
2.The Judge, Family Court, Villupuram, Villupuram District.
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Tr CMP (MD) Nos.337 of 2020 and 120 of 2021
A.A.NAKKIRAN, J.
msa/cp
Common Order made in
Tr.C.M.P.(MD) Nos.337 of 2020 and 120 of 2021
and
CMP(MD).Nos.7487 of 2020 and 2397 of 2021
Dated:
15.07.2021
https://www.mhc.tn.gov.in/judis/
