Suganya v. N.Durai Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.21432 of 2023 ---- Suganya ... Petitioner Vs.

N.Durai Murugan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw and transfer H.M.O.P.No. 310 of 2023 pending on the file of the Subordinate Court, Alandur and transfer the same to the Family Court, Pondicherry.

For Petitioner : K.Prakash For Respondent : Mr.Thomas T.Jacob 1/4

O R D E R

The petitioner/wife seeks transfer of H.M.O.P.No.310 of 2023 pending on the file of the Subordinate Court, Alandur to the Family Court, Pondicherry. The petitioner /wife seeks transfer of the proceedings on the file of the Family Court, Pondicherry on the ground that she is living with her child at Pondicherry in her parental home and she is not able to attend the court hearings by travelling 200 kms from Pondicherry to Alandur.

2. The learned counsel for the petitioner submitted that, the marriage between the respondent and the petitioner was solemnized on 11.02.2019 as per Hindu rites and customs. Due to matrimonial dispute the respondent had filed a H.M.O.P.No.310 of 2023 for divorce, which is pending on the file of the Subordinate Court, Alandur. Now the petitioner is residing at Pondicherry with her child in her parental home without any source of income. Hence, she prays to transfer the HMOP.No.310 of 2023 to the file of the Family Court, Pondicherry.

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3. Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the HMOP.No.310 of 2023 to the Family Court, Pondicherry.

4. In view of the above, HMOP.No.310 of 2023 is withdrawn from the file of the Subordinate Court, Alandur and transferred to the file of the Family Court, Pondicherry. The learned Subordinate Judge, Alandur is directed to send entire records to the learned Family Judge, Pondicherry, 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 learned Family Judge, Pondicherry, is directed to issue notice to the respondent and dispose of the case as early as possible in the manner known to law.

T.V.THAMILSELVI, J.

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7. Both the parties are directed to co-operate for the trial proceedings. The appearance of the petitioner is ordered to be dispensed with and also directed to appear before the trial Court if her appearance is necessary. 22.12.2023 Index : Yes / No Speaking/Non-speaking order rri To 1.The Subordinate Judge, Melur.

2. The Family Judge, Coimbatore.

3. The Section Officer, VR-Section, High Court of Madras.

and CMP.No.21432 of 2023 4/4