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Madras High CourtTR CMP/79/2025allowed

Arifa v. Mohamed Meeran

2025-06-11Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI & CMP.No.1606 of 2025 Arifa ... Petitioner vs.

Mohamed Meeran, Represented by his power agent, Noor Ali ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the suit in O.S.No.3 of 2025 from the file of the District Munsif cum Judicial Magistrate, Parangipettai and to transfer the same to the file of the Principal District Munsif, Kallakurichi. For Petitioner : Mr.E.Sathiyaraj For Respondent : No appearance

ORDER

The petitioner who is the defendant in O.S.No.3 of 2025 seeks transfer of the same from the file of the District Munsif cum Judicial Magistrate, Parangipettai, to the file of the Principal District Munsif, Kallakurichi.

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2. Despite service of notice on the respondent, the respondent has not chosen to enter appearance either in person or through counsel. The name of the respondent is also printed in the today's cause list. Hence, the respondent is called absent and set exparte.

3. I proceeded to hear the learned counsel for the petitioner. I have also gone through the affidavit filed in support of the transfer petition.

4. The petitioner has expressed her inconvenience and difficulties in attending the hearings at District Munsif cum Judicial magistrate, Parangipettai as she has to take care of her minor 2 year old child. I find prima facie case made out by the petitioner/wife for transfer of O.S No.3 of 2025 from the file of the District Munsif cum Judicial magistrate, Parangipettai to the Principal District Munsif, Kallakurichi.

5. In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. The case in O.S.No.3 of 2025 is hereby withdrawn from the file of the District Munsif cum Judicial magistrate, Parangipettai and transferred 2/4

to the file of the Principal District Munsif, Kallakurichi. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 11.06.2025 vum Index : Yes/No Speaking Order : Yes / No To

1. The District Munsif cum Judicial Magistrate, Parangipettai.

2. The Principal District Munsif, Kallakurichi. 3/4

P.B. BALAJI,J.

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