S. Manjula v. M. Sasikumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.11903 of 2023 S.Manjula ... Petitioner Vs.

M.Sasikumar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the H.M.O.P.No.18 of 2023 pending on the file of the Sub Court, Vedasandur, Dindigul and transfer the same to the file of the Family Court, Coimbatore.

For Petitioner : Mr.M.N.Balakrishnan

O R D E R

The petitioner/wife seeks transfer of H.M.O.P.No.18 of 2023 pending on the file of the Sub Court, Vedasandur, Dindigul, to the Family Court, 1/4

Coimbatore. The petitioner /wife seeks transfer of the proceedings before the Family Court, Coimbatore on the ground that she is living at Coimbatore in her parental home with two female children and she is not able to attend the court hearings by travelling from Coimbatore to Vedasandur.

2. The learned counsel for the petitioner submitted that, the marriage between the respondent and the petitioner was solemnized on 27.11.2006 at Rajaroja Thirumana Mandapam, Vedasandur, as per Hindu rites and customs. Due to misunderstanding the respondent had filed a divorce petition in H.M.O.P.No.18 of 2023 before the Sub Court, Vedasandur, Dindigul to dissolve the marriage. Now the petitioner is residing in her parental home with her two female children, without any source of income. Hence, she prays to transfer the H.M.O.P.No.18 of 2023 to the file of the Family Court, Coimbatore.

3. Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the H.M.O.P.No.18 of 2023 to the file of the Family Court, Coimbatore. 2/4

4. In view of the above, H.M.O.P.No.18 of 2023 is withdrawn from the file of the Sub Court, Vedasandur, Dindigul and transferred to the file of Family Court, Coimbatore. The learned Judge, Sub Court, Vedasandur, Dindigul is directed to send entire records to the learned Judge, Family Court, Coimbatore, 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 learned Judge, Family Court, Coimbatore, is directed to issue notice to the respondent and dispose of the case as early as possible from the date of receipt of a copy of this order. 30.11.2023 Index : Yes / No Speaking/Non-speaking order vkr 3/4

T.V.THAMILSELVI, J.

vkr To

1. The Sub Court, Vedasandur, Dindigul.

2.The Family Court, Coimbatore.

and CMP.No.11903 of 2023 30.11.2023 4/4