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Madras High CourtTR CMP/737/2021allowed

Thamizhkodi v. Jayakandhan

2022-03-10Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & C.M.P.No.17852 of 2021 Thamizhkodi

...Petitioner

Vs Jayakandhan ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw the petition in F.C.O.P.No.80 of 2021 from the file of the Family Court Judge, Ariyalur and to transfer the same to the Subordinate Court, Neyveli.

For Petitioner :

Mr.G.Pugazhenthi For Respondent :

Mr.M.Guruprasad 1/4

ORDER

The petition has been filed by the respondent wife seeking transfer of F.C.O.P.No.80 of 2021 pending on the file of the Family Court, Ariyalur, which is filed by her husband for divorce, to the file of the Subordinate Court, Neyveli.

2. The reasons for seeking the transfer was on account of the fact that the petitioner and her 5 year old daughter are residing with her parents at Neyveli. The petitioner would submit that the distance between Neyveli and Ariyalur is around 120 Kms and the petitioner has to take three buses to reach the Family Court, Ariyalur. Therefore, the petitioner would submit that it is very difficult for her to travel with her 5 year old daughter to the Family Court, Ariyalur and accordingly the petition may be ordered as prayed for.

3. Heard the learned counsel and perused the records. 2/4

4. Considering the reasons given and the fact that the wife is residing within the Jurisdiction of the Subordinate Court, Neyveli, this Court is of the considered view that the request for transfer should be allowed.

5. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.80 of 2021, pending on the file of the Family Court, Ariyalur is withdrawn and transferred to the file of the Subordinate Court, Neyveli. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

10.03.2022 kan Index : Yes/No Speaking order/non-speaking order To 1.The Family Court, Ariyalur.

2.The Subordinate Court, Neyveli P.T.ASHA, J., 3/4

kan 10.03.2022 4/4