Madras High CourtTR CMP/494/2023allowed

M.V.Santhiya v. K.Padmakumaran

2024-02-16Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Tr CMP.No.494 of 2023 and CMP.No.11866 of 2023 Santhiya, M.V.

... Petitioner /vs/ K.Padmakumaran ... Respondent PRAYER : This Transfer Civil Miscellaneous Petition has been filed under Section 24 of Civil Procedure Code to withdraw the case in HMOP No.168/2023 from the file of Family Court, Nagercoil, Kanyakumari District and transfer the same to the Family Court, Chennai. For Petitioner ... Mr.A.Ganesh For Respondent ... Mr.T.N.Sugesh

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in HMOP No.168/2023 from the file of Family Court, Nagercoil, Kanyakumari District and transfer the same to the Family Court,

Chennai.

2.The petitioner is wife and the respondent is husband. The respondent herein has filed the above HMOP No.168 of 2023 seeking divorce. The petitioner is residing at Chennai and it is very difficult for her to travel from Chennai to Nagarcoil for hearings of the divorce petition and hence, the present transfer petition has been filed.

3. The learned counsel for the respondent submitted that the respondent has no objection for transferring the case from the file of Family Court Nagarcoil, Kanyakumari District to the Family Court, Chennai.

4. Inview of the submission made by the learned counsel for the respondent and also considering the fact that the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the case, as prayed for in the petition.

5. Accordingly, H.M.O.P.No.168 of 2023 is hereby directed to be

withdrawn from the file of the Family Court, Nagarcoil, Kanyakumari District and transferred to the Family Court, Chennai. The Family Court Judge, Nagarcoil, Kanyakumari District is directed to send the entire records to the Family Court, Chennai within a period of two weeks from the date of receipt of a copy of this order and on receiving the same, the learned Judge, Family Court, Chennai is directed to issue notice to both parties and thereafter, dispose of the case on merits as early as possible.

6. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

16.02.2024 Note: Issue order copy on 20.02.2024 Index: Yes/No Internet : Yes/No mst To 1.The Judge, Family Court, Nagercoil, Kanyakumari District . 2.The Judge, Family Court, Chennai.

V.SIVAGNANAM ,J.

mst Tr CMP.No.

16.02.2024