LAWS(MAD)-2019-1-872

P. KUMAR Vs. T. VIJAYA RANJANI

Decided On January 25, 2019
P. KUMAR Appellant
V/S
T. Vijaya Ranjani Respondents

JUDGEMENT

(1.) The petitioner / husband filed H.M.O.P. No. 628 of 2017 before the Sub Court, Thirumangalam seeking divorce. The respondent / wife filed Tr.O.P. No. 45 of 2017 before the Principal District Court, Madurai to transfer H.M.O.P. No. 628 of 2017 to the file of the Third Additional Sub Court, Madurai. The Court below has allowed the same. Against which, the present civil revision petition has been filed.

(2.) The learned counsel for the petitioner would submit that the petitioner is a resident of Peraiyur and running a rice mill to meet his expenditure. In HMOP proceedings, the presence of the parties is not necessary for each and every hearing. But, the Court below without considering the said aspects, has erroneously transferred H.M.O.P. No. 628 of 2017 to the file of the Third Additional Sub Court, Madurai. Therefore, he prayed to set aside the order passed by the Court below.

(3.) Heard the learned counsel for the petitioner and perused the materials available on record.