Parvathy v. Ponramesh

ORDER This Petition has been filed to withdraw H.M.O.P.No.88 of 2022, on the file of the II Additional Sub Court, Coimbatore and to transfer the same to the file of the Family Court, Ramanathapuram District.

¶2The learned counsel for the respondent submits that the respondent has no objection for transferring the H.M.O.P. to Ramanathapuram. However, the case may be transferred to any other Sub Court in Ramanathapuram, as otherwise the respondent will be forced to appear every hearings before the Family Court, Ramanathapuram.

¶3I have considered the arguments advanced by the learned counsel for the petitioner and the learned counsel for the respondent.

¶4In my view, since the Family Court is there in Ramanathapuram, the case can be transferred only to the Family Court, Ramanathapuram instead of Sub Court, Ramanathapuram. Therefore, this Transfer Civil Miscellaneous Petition is allowed, by directing the learned II Additional Sub Judge, Coimbatore, to transfer H.M.O.P.No.88 of 2022 to the Family Court, Ramanathapuram. The presence of the respondent and the petitioner shall be dispensed with for routine hearings and they shall appear before the Court below through their counsels. However, they shall appear before the Court as and when required. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No Index : Yes/No

29.03.2023 Internet : Yes/No smn2 To

1.The II Additional Sub Judge, Coimbatore.

2.The Judge, Family Court, Ramanathapuram District.

C.SARAVANAN, J. smn2

29.03.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2023 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.6842 of 2022 Parvathy, D/o.Thirukanna Thevar .. Petitioner Versus Ponramesh, S/o.Karuppasamy .. Respondent Prayer :- Petition filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.88 of 2022, on the file of the II Additional Sub Court, Coimbatore, to be heard and tried on the file of the Family Court, Ramanathapuram District, for disposal of the same on merits and in accordance with law. For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.R.Suriyanarayanan