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P Kokila vs Rajesh Kumar

Madras High Court|20 March, 2017
|

JUDGMENT / ORDER

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.03.2017 CORAM THE HONOURABLE THIRU JUSTICE M. DURAISWAMY Tr.C.M.P.No.687 of 2016 & C.M.P.No.17796 of 2016 P.Kokila ... Petitioner v.
Rajesh Kumar ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw the withdraw the H.M.O.P.No.566 of 2016 pending on the file of Subordinate Court, Tambaram to the file of Sub Court, Tirupur.
For Petitioner : Ms.T.R.Gayathri For Respondent : Mr.R.Thirugnanam O R D E R The petitioner, who is the wife of the respondent, has filed the above Tr.C.M.P. to withdraw the Original Petition in H.M.O.P.No.566 of 2016 pending on the file of Subordinate Court, Tambaram and to transfer the same to the file of Sub Court Tirupur.
2. Consistently, there is no representation on behalf of the respondent. When the matter was listed on 08.03.2017, there was no representation for the respondent and again when the matter was listed on 15.03.2017, there was no representation for the respondent. Today also there is no representation for the respondent.
3. In the affidavit filed in support of the Original Petition it has been stated that the petitioner is residing at Tirupur along with her aged mother. She has also stated that she is having a child of 1-1/2 years old.
4. The learned counsel appearing for the petitioner submitted that since the Original Petition in H.M.O.P.No.566 of 2016 has been filed by the respondent before the Subordinate Court, Tambaram, the petitioner is finding it difficult to travel from Tirupur to Tambaram to appear before the Trial Court. Further, the petitioner has satisfactorily explained that she is put to hardship by filing the Original Petition before the Subordinate Court, Tambaram. Hence, she sought for transfer of the Original Petition in H.M.O.P.No.566 of 2016 to the file of Subordinate Court Tirupur,
5. I am satisfied with the reasons stated in the affidavit filed in support of the Civil Revision Petition.
6. In view of the same, the Original in H.M.O.P.No.566 of 2016 is withdrawn and transferred to the file of Subordinate Court, Tirupur.
With this observation, the Tr.C.M.P. is ordered. No costs.
Consequently, connected miscellaneous petition is closed.
20.03.2017 Index: Yes/No Rj To
1. The Subordinate Court, Tambaram
2. The Subordinate Court Tirupur.
M. DURAISWAMY,J., Rj Tr.C.M.P.No.687 of 2016 & C.M.P.No.17796 of 2016 20.03.2017 http://www.judis.nic.in
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Title

P Kokila vs Rajesh Kumar

Court

Madras High Court

JudgmentDate
20 March, 2017
Judges
  • M Duraiswamy