Jayasudha v. Manikandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.13360 of 2024 Jayasudha .. Petitioner

Versus

Manikandan .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to allow this Transfer Civil Miscellaneous Petition and withdraw H.M.O.P.No.86 of 2023 from the file of the Family Court, Nagapattinam and transfer it to the file of the SubCourt at Sirkazhi in accordance with law. For Petitioner : Mr.J.Chandran Sundar Sashikumar For Respondent : Mr.A.R.Uma Shankar for Dr.R.Sampath Kumar

ORDER

The petitioner is married to the respondent on 12.02.2017. Due to disputes and differences, the parties separated in the year 2023. The respondent initiated H.M.O.P.No.86 of 2023 on the file of the Family Court 1/4

at Nagapattinam. The wife initiated D.V.C.No.1 of 2024 on the file of the Judicial Magistrate Court at Sirkazhi. Pleading that the distance between Sirkazhi and Nagapattinam is about 120 kms (both ways), she has moved this Transfer Civil Miscellaneous Petition.

2. Notice was ordered in this petition on 15.07.2024. The respondent was served and has entered appearance through Mr.A.R.Uma Shankar, learned Counsel representing Dr.R.Sampath Kumar, learned Counsel.

3. A perusal of the papers shows that the petitioner is a permanent resident of Samiam village, Sirkazhi taluk. To travel from Sirkazhi to Nagapattinam, it will be difficult considering that the petitioner is aged about 27 years. Apart from that, the respondent/husband is already appearing before the learned Judicial Magistrate at Sirkazhi in D.V.C.No.1 of 2024. The affidavit reads that the respondent also has a Travel Agency. Hence, issue of travel would not be difficult for him.

4. Considering the overall circumstances, H.M.O.P.No.86 of 2023 on the file of the Family Court at Nagapattinam is withdrawn and transferred to 2/4

the file of the Sub-Court at Sirkazhi. The learned Judicial Magistrate at Sirkazhi is requested to give a date which coincides with the hearing of the proceeding before the Sub-Court at Sirkazhi so as to obviate the necessity for the husband to travel twice to contest the proceedings.

5. With the above observations, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

18.10.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Family Court, Nagapattinam.

2. The Sub-Court, Sirkazhi.

3. The Judicial Magistrate Court, Sirkazhi.

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V.LAKSHMINARAYANAN, J.

grs and C.M.P.No.13360 of 2024 18.10.2024 4/4