Madras High Court
J. Jeevarathinam vs Linga Duraichi @ Crena on 20 July, 2018
Author: M.V.Muralidaran
Bench: M.V.Muralidaran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.07.2018
CORAM
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Tr.C.M.P.(MD).No.162 of 2018 and
C.M.P.(MD).No.3837 of 2018
J. Jeevarathinam ... Petitioner
Vs.
Linga Duraichi @ Crena ... Respondent
Prayer: The Transfer Civil Miscellaneous Petition is filed under Section 24
C.P.C to transfer the IDOP.No.115 of 2017 on the file of the Additional
District and Sessions Court, Fast Track Court, Tenkasi, Thirunelveli District
to Principal District Court, Tuticorin.
!For Petitioner : Ms. S. Ragaventhre
^For Respondent : Mr. T. Indrachithu
:ORDER
The Transfer Civil Miscellaneous Petition is filed to transfer the IDOP.No.115 of 2017, on the file of the Additional District and Sessions Court, Fast Track Court, Tenkasi, Thirunelveli District to Principal District Court, Tuticorin.
2. The petitioner herein is the husband and the respondent is the wife. The marriage between the petitioner and the respondent was solemnized on 09.09.2013. Due to the mis-understanding, the respondent left the matrimonial home. Thereafter, the petitioner / husband filed IDOP.No.115 of 2017, for divorce, on the file of the Principal District Court, Thirunelveli and thereafter, it has been transferred to the Additional District and Sessions Court, Fast Track Court, Tenkasi, Thirunelveli District.
3. The learned counsel appearing for the respondent submitted that the petitioner is a practicing Advocate at Tuticorin and if the case is transferred to the Principal District Court, Tutiocorin, the respondent will put to suffer.
4. The learned counsel appearing for the petitioner submitted that the case may be transferred to District Court, Thirunelveli, which is a middle place for both sides, instead of transferring the case to the Principal District Court, Tuticorin, for which, the learned counsel appearing for the respondent has no objection.
5. I have heard the learned counsel appearing on either side.
6. In view of the above submission, this petition is disposed of with the following directions:
(a) The learned Additional District and Sessions Judge, Fast Track Court, Tenkasi, Thirunelveli District, is directed to transmit the entire records pertaining to the case in the IDOP.115 of 2017, to the District Court, Thirunelveli, within a period of two weeks from the date of receipt of a copy of this order, if the same is not yet disposed of.
(b) The learned District Judge, Thirunelveli, after obtaining the records on transfer, is directed to dispose of the said IDOP, within a period of three months, thereafter.
No costs. Consequently, the connected Miscellaneous Petition is closed.
To
1. The Additional District and Sessions Court, Fast Track Court, Tenkasi, Thirunelveli District
2. The District Court, Thirunelveli.