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Madras High CourtTR CMP/945/2023allowed

Saranya v. Manikandan

2024-02-29Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Tr CMP.No.945 of 2023 and CMP.No.22709 of 2023 Saranya ... Petitioner /vs/ Manikandan ... Respondent PRAYER : This Transfer Civil Miscellaneous Petition has been filed under Section 24 of Civil Procedure Code to withdraw the HMOP No.1194/2023 on the file of the Additional Family Court, Coimbatore and transfer the same to the Family Court, Salem. For Petitioner ... Mr.F.Wellington For Respondent ... Mr.M.Marimuthu

ORDER

This Transfer Civil Miscellaneous Petition has been filed to to withdraw the HMOP No.1194/2023 on the file of the Additional Family Court, Coimbatore and transfer the same to the Family Court, Salem.

2. The petitioner is wife of the respondent and she has filed the above HMOP No.1194/2023 to dissolve the marriage solemnized between her and the respondent. The petitioner is met with an accident on 28.05.2023 and she was injured and thereafter, she is residing with her parents with 2 years old baby. Hence, it is very difficult for her to travel from Salem to Coimbatore to contest the case and hence, the present transfer petition has been filed.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4. Considering the nature of the case and also taking note of the difficulty expressed 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 Accordingly, H.M.O.P.No.1194/2023 is hereby directed to be withdrawn from the file of the Additional Family Court, Coimbatore and transferred to the Family Court, Salem. The Additional Family Court

Judge, Coimbatore is directed to send the entire records to the Family Court, Salem, 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, Salem 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.

Index : Yes/No 29.02.2024 Internet : Yes/No mst To 1.The Additional Family Court, Coimbatore.

2.The Family Court, Salem.

V.SIVAGNANAM ,J.

mst Tr CMP.No.

29.02.2024