Madras High Court
Indumathi vs Nivas on 16 July, 2021
Tr CMP (MD) No. 255 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :16.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.(MD) No.255 of 2021
and
CMP(MD).No.5049 of 2021
Indumathi ... Petitioner/Respondent
-vs-
Nivas .... Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 r/w
Section 151 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.
6 of 2021 from the file of Principal Sub Court, Pudukkottai and to transfer the
same to the file of Family Court, Sivagangai.
For Petitioner : Mr.G.Prabhu Rajadurai
For Respondent : Mr.V.R.Shanmuganathan
1/5
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Tr CMP (MD) No. 255 of 2021
ORDER
The present Transfer Civil Miscellaneous Petition is filed to withdraw the
case in H.M.O.P.No.6 of 2021 from the file of Principal Sub Court, Pudukkottai
and to transfer the same to the file of Family Court, Sivagangai.
2.The respondent/husband has filed H.M.O.P.No.6 of 2021 before Principal
Sub Court, Pudukkottai, for divorce. The petitioner/wife has filed H.M.O.P.No.
100 of 2021 before the Family Court, Sivagangai, for restitution of conjugal
rights.
3.The learned counsel for the petitioner/wife submitted that the petitioner is
having 2 years old child and she has no source of income and she is depending on
her parents for day today necessities and no one available to accompany with her
to travel for attending the Court hearings and it may not be difficult for the
respondent to conduct case at Sivangangai as the petitioner's application for
restitution of conjugal rights is pending. The distance between Sivagangai and
Pudukkottai is nearly 80 kms. In such situation, it is difficult for the petitioner to
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Tr CMP (MD) No. 255 of 2021
attend every hearing in H.M.O.P.No.6 of 2021 at Pudukkottai. Therefore, he
seeks to transfer the case to Sivagangai.
4.The learned counsel for the respondent/husband would submit that the
petitioner is residing in Kallupatti Village at Sivangangai District and if the case
may be transferred to Devakottai, it would be convenient for both parties.
5.Considering the facts and circumstances of the case and considering the
submission made by both counsel and to avoid conflicting judgments,
H.M.O.P.No.6 of 2021 is withdrawn from the Principal Sub Court, Pudukkottai
and transferred to the file of Family Court, Sivagangai, for disposal as per law.
The learned Subordinate Judge, Pudukkottai, is directed to transmit the papers to
the file of the Family Court, Sivagangai, forthwith. The learned Judge, Family
Court, Sivagangai, is directed to club H.M.O.P.No.6 of 2021 along with
H.M.O.P.No.100 of 2021 together and dispose of the same on merits and in
accordance with law as expeditiously as possible.
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 255 of 2021
6.The personal appearance of both parties before the Family Court,
Sivagangai, 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, this Transfer Civil Miscellaneous Petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
16.07.2021
Internet : Yes / No
Index : Yes / No
msa/cp
NOTE: In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant concerned.
To:
1. The Principal Subordinate Judge, Pudukkottai.
2.The Judge, Family Court, Sivagangai.
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 255 of 2021
A.A.NAKKIRAN, J.
msa/cp
Order made in
Tr.C.M.P.(MD) No.255 of 2021 and
CMP(MD).No.5049 of 2021
Dated:
16.07.2021
https://www.mhc.tn.gov.in/judis/
