Bhuvaneswari v. Ilambharathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Tr.C.M.P.No. 475 of 2023 and C.M.P.No. 10894 of 2023 Bhuvaneswari ... Petitioner Vs.

Ilambharathi ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw the casein H.M.O.P.No.18 of 2023 on the file of learned Principal Sub-Court, Virudhachalam, Cuddalore District and transfer the same to the learned Family Court, Perambalur. For Petitioner : Mr. M. Vijaya Ragavan For Respondent : Mrs. R. Meenal 1/5

O R D E R

The petitioner / wife seeks transfer of H.M.O.P.No.18 of 2023 pending on the file of Principal Sub Court, Virudhachalam, Cuddalore District to the Family Court, Perambalur. The petitioner / wife seeks transfer of the proceedings before the Family Court, Perambalur on the ground that she is living at Perambalur with two months old baby and she is not able to attend the court hearings by travelling 80 kms.

2. The learned counsel for the petitioner submitted that the marriage between the respondent and the petitioner was solemnized on 08.11.2021 at Tharanisri Marriage Hall, Viruthachalam, as per Hindu Marriage Rites and Customs. Out of the wedlock, one female child born to them. Further submitted that now the petitioner is living with her parents along with her two months old baby and it is difficult to travel nearly 80 kms to attend the Court proceedings at Cuddalore. Hence, she prays to transfer the HMOP.No.18 of 2023, to the Family Court, Perambalur. 2/5

3. Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the HMOP.No.18 of 2023 to the Family Court, Perambalur.

4. In view of the above, H.M.O.P.No.18 of 2023 is withdrawn from the file of the Principal Sub Court, Virudhachalam, Cuddalore District and transferred to the file of Family Court, Perambalur to be disposed of in accordance with law and the Principal Sub Court, Virudhachalam, Cuddalore District is directed to send entire records to the Family Court, Perambalur within a period of two weeks from the date of receipt of a copy of this order.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

6. However, the Family Court, Perambalur is directed to issue notice to the respondent and also refer the matter to the mediation, not less than 5 sittings are suggested at the Mediation Centre, Perambalur and then proceed 3/5

the case as early as possible, preferably within a period of six months from the date of this order.

07.11.2023 Index : Yes / No AT To

1. The Principal Sub Court, Virudhachalam, Cuddalore District.

2. The Family Court, Perambalur.

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T.V.THAMILSELVI, J.

AT Tr.C.M.P.No. 475 of 2023 and C.M.P.No. 10894 of 2023 07.11.2023 5/5