Madras High CourtTR CMP/242/2023disposed of

Kayalvizhi v. R.Manoj Prabhu

2023-03-30Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.242 of 2023 &CMP.No. 5238 of 2023 Kayalvizhi ....

Petitioner -VsR.Manoj Prabhu ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw the case in H.M.O.P No.32 of 2023 on the file of the Family Court, Tiruppur and transfer the same to Sub Court, Dharapuram. For Petitioner : Mr.N.Ponraj For Respondent : Mr.K.Sudhakar

O R D E R

This petition has been filed to withdraw the case in H.M.O.P No.32 of 2023 before the Family Court, Tiruppur and transfer the same to Sub Court, Dharapuram.

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2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. It is seen from the records, the respondent filed H.M.O.P No.32 of 2023 on the file of Family Court, Tiruppur, for divorce. Now, the petitioner lived in Dharapuram along with her aged parents and the distance between Dharapuram and Tiruppur is nearly about 50 kilometers.

4. The reason assigned by the petitioner is justifiable. Hence, this Court is inclined to transfer H.M.O.P No.32 of 2023, pending on the file of Family Court, Tiruppur, to the Sub Court, Dharapuram.

5. Accordingly, the present Tr.C.M.P. is disposed of, and H.M.O.P No.32 of 2023, pending on the file of Family Court, Tiruppur, is withdrawn and transferred to the file of the Sub Court, Dharapuram. HMOP No.74 of 2022 filed by the petitioner/wife shall be tagged along with HMOP. No.32 of 2023 filed by the respondent/husband and the same shall be disposed of at the earliest. Further, 2/4

the concerned Court is directed to transfer the records in connection with H.M.O.P No.32 of 2023 within a period of two weeks from the date of receipt of a copy of this order. Further both parties directed to appear before the Sub Court, Dharapuram, for mediation not less than three sittings. No costs. Consequently connected miscellaneous petition is closed.

30.03.2023 Index : Yes/No Internet : Yes/No mtl To 1.The Family Court, Tiruppur.

2. The Sub Court, Dharapuram.

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T.V.THAMILSELVI, J.

mtl TR.CMP No.242 of 2023 &CMP.No. 5238 of 2023 30.03.2023 4/4