M.Sahana v. S.Sathish

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Tr.C.M.P.No. 555 of 2023 and C.M.P.No. 13019 of 2023 M.Sahana ... Petitioner Vs.

S. Sathish ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw H.M.O.P.No.506 of 2023 from Family Court, Coimbatore and transfer it to the file of Sub-Court, Kulithalai. For Petitioner : Mr. T. Dhamodharan For Respondent : Ms. R. Radha Pandian 1/5

O R D E R

The petitioner / wife seeks transfer of H.M.O.P.No. 506 of 2023 pending on the file of Family Court, Coimbatore to the Sub Court, Kulithalai. The petitioner / wife seeks transfer of the proceedings before the Sub Court, Kulithalai on the ground that she is living at Kulithalai and she is not able to attend the Court hearings by travelling 170 kms.

2. The learned counsel for the petitioner submits that the marriage between the respondent and the petitioner was solemnized on 23.06.2021 at Lakshmi Mahal Musiri Taluk, Trichy District, as per Hindu Rites and Customs. Further submitted that the petitioner and respondent are Doctors by profession. Further submitted that now the petitioner is living with her parents and it is difficult to travel nearly 170 kms to attend the Court proceedings at Coimbatore. Hence, she prays to transfer the H.M.O.P.No. 506 of 2023, to the Sub Court, Kulithalai 2/5

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.506 of 2023 to the Sub Court, Kulithalai.

4. In view of the above, H.M.O.P.No.506 of 2023 is withdrawn from the file of the Family Court, Coimbatore and transferred to the file of the Sub Court, Kulithalai to be disposed of in accordance with law and the Family Court, Coimbatore, is directed to send entire records to the Sub Court, Kulithalai, 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 Sub Court, Kulithalai 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, Kulithalai and then proceed with the 3/5

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

24.11.2023 Index : Yes / No AT To

1. The Family Court, Coimbatore.

2. The Sub-Court, Kulithalai.

4/5

T.V.THAMILSELVI, J.

AT Tr.C.M.P.No. 555 of 2023 and C.M.P.No. 13019 of 2023 24.11.2023 5/5