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Madras High Court

A.Jency Fedrick vs R.Ephraim Samuel on 14 October, 2019

Author: P.T.Asha

Bench: P.T.Asha

                                                                    Tr.C.M.P.(MD) No.358 of 2019


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 14.10.2019

                                                    CORAM :

                                   THE HONOURABLE MS.JUSTICE P.T.ASHA

                                        TR.C.M.P.(MD) No.358 of 2019
                                                    and
                                         C.M.P.(MD) No.8239 of 2019

                A.Jency Fedrick                                                 ... Petitioner

                                                       vs.

                R.Ephraim Samuel                                                ... Respondent

                Prayer:-This Petition is filed under Section 24 of the Code of Civil Procedure,
                to withdraw and transfer the IDOP.No.82 of 2019 on the file of the Principal
                District Court, Srivilliputhur to Principal District Court, Tirunelveli.

                               For Petitioner   : Mr.S.Siva Thilakar
                               For Respondent   : Mr.A.Saravanan for
                                                      M/s.Stella Rajkumar

                                                    ORDER

The above Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking for transfer the petition in IDOP.No.82 of 2019 filed by the respondent/husband for divorce on the file of the learned Principal District Judge, Srivilliputhur to the file of the Principal District Court, Tirunelveli.

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2.The learned counsel appearing for the petitioner/wife would submit that the petitioner is residing within the jurisdiction of Principal District Court, Tirunelveli and the respondent/husband is not giving any amount for her maintenance. She is therefore totally depending on her parents for her financial needs. Further, being a lady she requires the assistance of another person to travel to Srivilliputhur and this is going to be an additional financial burden to her.

3.In view of the above, this Transfer Civil Miscellaneous Petition is allowed and the petition in IDOP.No.82 of 2019 pending on the file of the learned Principal District Judge, Srivilliputhur, is ordered to be withdrawn and transferred to the file of Principal District Court, Tirunelveli. The learned Principal District Judge, Srivilliputhur, is directed to transmit the entire records of IDOP.No.82 of 2019 to the learned Principal District Judge, Tirunelveli, as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. The petitioner/wife is directed to file her counter affidavit in IDOP.No.82 of 2019 within a period of two weeks therefrom. The learned Principal District Judge, Tirunelveli, is directed to dispose of the same, within a period of three months therefrom. No costs. Consequently, connected miscellaneous petition is closed.

                Index           : Yes / No                                       14.10.2019
                Internet        : Yes / No
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                                                  Tr.C.M.P.(MD) No.358 of 2019


                To

                1.The Principal District Judge,
                  Srivilliputhur.

                2.The Principal District Judge,
                  Tirunelveli.




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                              Tr.C.M.P.(MD) No.358 of 2019




                                            P.T.ASHA, J.

                                                      mm




                          TR.C.M.P.(MD) No.358 of 2019




                                             14.10.2019



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