D.Bharathi, v. N.Dinakaran

ORDER This Petition has been filed to withdraw the case in H.M.O.P.No.21 of 2023, on the file of the Family Court, Tiruchirappalli and transfer the same to the file of the Principal Subordinate Court, Karur.

¶2The facts on record indicate that the petitioner is suffering from auto immune disease (pemphigus vulgaris). In Paragraph 10 of the affidavit filed in support of the petition, she has stated as under:- ''10. I humbly submit that I have an auto immune disease (pemphigus vulgaris) which causes epidermal blisters all over the body that burst easily and leave very sore open patchesthat look like burn scars. I submit that because of the said illness I cannot be properly attired or move about in public without extreme discomfort and repercussions to my illness.''

¶3Being satisfied with the reasons stated in the affidavit filed in support of the petition, this Transfer Civil Miscellaneous Petition stands allowed. Accordingly, there shall be a direction to the learned Judge, Family Court, Tiruchirappalli, to transfer H.M.O.P.No.21 of 2023 to the Principal Subordinate Court, Karur. The learned Principal Subordinate Judge, Karur, may endeavour to dispose of H.M.O.P.No.21 of 2023, on it being re-numbered, as expeditiously as possible, preferably, within a period of 12 months from the date of receipt of a copy of this order. Considering the fact that the respondent is residing at Chennai, his presence before the Principal Subordinate Court, Kaurur, shall stand dispensed with for routine hearings except those days when his presence is mandatorily required before it. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No Index : Yes/No

30.03.2023 Internet : Yes/No smn2 To

1.The Judge, Family Court, Tiruchirappalli.

2.The Principal Subordinate Judge, Karur.

C.SARAVANAN, J. smn2

30.03.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2023 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.2509 of 2023 D.Bharathi .. Petitioner Versus N.Dinakaran .. Respondent Prayer :- Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.21 of 2023, on the file of the Family Court, Tiruchirappalli and transfer the same to the file of the Principal Subordinate Court, Karur. For Petitioner : Mr.K.Prabhakar For Respondent : Mr.P.Gunasekaran