Disposed
G.Suguna v. C.Guruprasad
Madras HCTR CMP(MD)/88/2013
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BENCH OF MADRAS HIGH COURT DATED :…
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2013
CORAM :
THE HONOURABLE MR.JUSTICE R.KARUPPIAH
Tr.C.M.P.(MD).No.88 of 2013
G.Suguna ... Petitioner/Respondent
vs. C.Guruprasad ... Respondent/ Petitioner
Prayer: Petition is filed under Section 24 C.P.C, to withdraw the H.M.O.P.No.34 of 2012 on the file of the Sub Court, Kovilpatti and to transfer the same for trial to the file of the Family Court, Madurai wherein the application for restitution of conjugal right in H.M.O.P.No.101 of 2013 is pending.
For Petitioner : Mr.C.Kalaiarasu For Respondent : Mr.S.Pon Senthilkumar
ORDER
This Transfer application has been filed to withdraw the H.M.O.P.No.34 of 2012 on the file of the Sub Court, Kovilpatti and to transfer the same for trial to the file of the Family Court, Madurai wherein the application for restitution of conjugal right in H.M.O.P.No.101 of 2013 is pending.
2.Learned counsel for the petitioner submitted that the respondent is residing at Kovilapatti wherein his relatives are residing in large numbers and when the petitioner appeared before the Court, the relatives of the respondent threatened to hand over Thali and to come for settlement for divorce. It is further submitted that there is no safety to attend the Sub Court, Kovilpatti which is away from 120 kms away from Madurai and therefore, prayed for transfer the H.M.O.P.No.34 of 2012 to the Family Court, Madurai.
3.Learned counsel for the respondent submitted that if the suit is transferred to the Family Court, Madurai, the appearance of the parties is necessary and it is difficult to attend the Family Court Madurai.
4.Learned counsel appearing for bothsides agreed that the case may be transferred to the Sub Court, Virudhunagar.
5.In view of the abovesaid submission made by the learned counsel on either side, the H.M.O.P.No.101 of 2013 which is pending before the Family Court, Madurai is transferred to Sub Court Virudhunagar with a condition that the above said petition is to be disposed of within a period of six months from the date of receipt of a copy of this order and records.
6.This petition is ordered accordingly. Sd/Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar
2
To
1.The Subordinate Judge, Kovilpatti 2.The Judge, Family Court, Madurai copy to: The Subordinate Judge, Virudhunagar. +1cc to Mr.S.Pon Senthilkumaran, Advocate, Sr.No.33457 +1cc to Mr.C.Kalaiarasu, Advocate, Sr.No.33386
Tr.C.M.P.(MD).No.88 of 2013 04.07.2013
sms sma/9/7/2013/6c/2p
G.Suguna
C.Guruprasad
R.Karuppiah
As recorded by the court registry
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