The Court dismissed a Transfer Civil Miscellaneous Petition filed under Section 24 CPC to transfer a cases from Family Court, Tirunelveli to Sub Court, Kovilpatti, despite distance arguments.
Transfer petition dismissed; personal appearance of petitioner dispensed with except on dates Judge insists upon.
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Tr CMP (MD) No. 135 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2021 CORAM: THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.135 of 2021 and C.M.P.(MD)No.2593 of 2021
M.Dharani @ Dhivya ... Petitioner/Respondent
-vs-
C.Ramprasath
... Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.54 of 2021 pending on the file of the Family Court, Tirunelveli and transfer the same to the Sub Court, Kovilpatti.
For Petitioner : Mr.A.Srinivasan For Respondent : Mr.S.Gokulraj
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.54 of 2021 pending on the file of the Family Court, Tirunelveli and transfer the same to the Sub Court, Kovilpatti.
2.The learned counsel for the petitioner/wife submits that the respondent/husband has filed H.M.O.P.No.54 of 2021 before the Family Court, Tirunelveli for divorce. It is further submitted that the petitioner is having 1 ½ years old child. In such circumstances, it is difficult for the petitioner to travel from Kovilpatti to Tirunelveli for attending every hearing in HMOP.No.54 of 2021 on the file of the Family Court, Tirunelveli.
5.Considering the submission made by both counsel, this Transfer Civil Miscellaneous Petition is dismissed. However, the personal appearance of the petitioner before the Family Court, Tirunelveli is dispensed with, except on the dates of hearing, on which, the learned Judge insists upon the petitioner to appear https://hcservices.ecourts.gov.in/hcservices/
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Tr CMP (MD) No. 135 of 2021
before the Court. On other hearing dates, the counsel on behalf of the petitioner may appear before the court. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar (CS-I)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
To: 1.The Judge, Family Court, Tirunelveli. 2.The Subordinate Jduge, Subordinate court, Kovilpatti +1 CC to M/s.S.GOKULRAJ, Advocate ( SR-19360[F] dated 16/06/2021 ) +1 CC to M/s.A.SRINIVASAN, Advocate ( SR-19400[F] dated 16/06/2021 )
Tr.C.M.P.(MD) No.135 of 2021 and C.M.P.(MD)No.2593 of 2021 Dated: 16.06.2021
KB(23.06.2021) 2P 5C
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1 issue framed by the court
Whether a Transfer Civil Miscellaneous Petition seeking withdrawal of a matrimonial case from Family Court, Tirunelveli and transfer to Sub Court, Kovilpatti on grounds of distance should be allowed.
1 provisions across 1 enactments
M.Dharani
C.Ramprasath
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
