S.Malathi v. R.Rajasekar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and C.M.P.No. 5905 of 2023 S.Malathi ... Petitioner Vs.
R.Rajasekar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the case in HMOP No.23 of 2023 which is pending on the file of the Family Court, Tiruppur transfer the same to the Family Court, Erode.
For Petitioner : Mr.J.Titus Enock For Respondent : No appearance 1/4
O R D E R
The petitioner/wife seeks transfer of H.M.O.P.No.23 of 2023 pending on the file of Family Court, Tiruppur District, which was filed by the respondent husband to the file of Family Court, Erode. The petitioner wife seeks transfer of the proceedings on the ground that she is living with three year old child and she is not able to travel from her place of residence to attend every hearings before Family Court, Tiruppur.
2. Records perused. The reasons assigned by the petitioner wife is justifiable one and the fact that she is living with three year old female child. However, the respondent filed a petition in H.M.O.P.No.23 of 2023 before the Family Court, Erode. As she is living with three year old child in her parents house and she is not able to travel from her place of residence to attend every hearings before Family Court, Tiruppur. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the petition in H.M.O.P.No.23 of 2023 is withdrawn from the file of the Family Court, 2/4
Tiruppur and transferred to the file of Family Court, Erode and the learned Family Court Judge, Tiruppur is directed to transfer the case to the Family Court, Erode within a period of two weeks from the date of receipt of copy of this order. The learned Family Court, Erode is also directed to take case on file within period of one week from the date of receipt of papers and to dispose the case as early as possible. No costs. Consequently, connected civil miscellaneous petition is closed.
01.12.2023 Index : Yes / No Internet : Yes / No Speaking/Non-speaking order rpp To 1.The Family Court Tiruppur.
2.The Family Court, Erode.
3/4
T.V.THAMILSELVI, J.
rpp 01.12.2023 4/4