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Jegha vs Raja on 1 October, 2019

Tr.C.M.P(MD).No.299 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 01.10.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA

Tr.C.M.P. (MD)No.299 of 2019
and
C.M.P(MD) No.6964 of 2019

Jegha … Petitioner

Vs.

Raja … Respondent

PRAYER:- Petition filed under Section 24 of Civil Procedure Code, to
withdraw and transfer the G.O.P.No.58 of 2019 on the file of the Principal
District Court, Pudukkottai to Family Court, Trichy.

For Petitioner : Mr.T.Senthilkumar

For Respondent : Mr.B.Jameel Arasu

ORDER

The Transfer Civil Miscellaneous Petition has been filed seeking to

withdraw the case in G.O.P.No.58 of 2019 on the file of the Principal

District Court, Pudukkottai and transfer the same to the Family Court,

Trichy.

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Tr.C.M.P(MD).No.299 of 2019

2.On perusal of record, it is seen that the minor child is

permanently residing within the jurisdiction of Family Court, Trichy.

Therefore, an application under Section 9 of the Guardian and SectionWards Act,

1890, the Court jurisdiction is vested with the Family Court, Trichy.

3.The learned counsel appearing for the respondent has not raised

any objection to transfer the G.O.P.No.58 of 2019 to the file of the Family

Court, Trichy. However, he requested to dispose of the case within a time

frame to be fixed by this Court.

4.Considering the facts and circumstances of the case, the Transfer

Civil Miscellaneous Petition is allowed on condition that the petitioner

shall take her minor child on the 1st and 15th day of every month ( if the

date falls on a holiday, the next working day) so as to enable the

respondent to see the child. It is also made clear that if the

respondent/husband does not come for three consecutive visits, the

petitioner need not bring the child, thereafter. Every visit, shall be

entered into the Register at the Mediation Centre of the Family Court,

Trichy and both parties and their counsel should countersign. This order

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Tr.C.M.P(MD).No.299 of 2019

shall become effective from 15th October-2019. The petition in G.O.P.No.

58 of 2019 pending on the file the Principal District Court, Pudukkottai, is

ordered to be withdrawn and transferred to the file of Family Court,

Trichy. The learned Principal District Judge, Pudukkottai, is directed to

transmit the entire records in G.O.P.No.58 of 2019 to the Family Court,

Trichy.

5.Accordingly, this Transfer Civil Miscellaneous Petition is allowed.

No costs. Consequently, connected miscellaneous petition is closed.

01.10.2019

Index:Yes/No
Internet:Yes/No
msa

To

1.The Principal District Judge
Pudukkottai

2.The Judge
Family Court
Trichy

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http://www.judis.nic.in
Tr.C.M.P(MD).No.299 of 2019

P.T.ASHA,J.

msa

Tr.C.M.P. (MD)No.299 of 2019
and
C.M.P(MD) No.6964 of 2019

01.10.2019

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http://www.judis.nic.in

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