K.Premkumar v. P. Priyadharshini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Tr CMP.No. 1047 of 2023 and CMP.No. 25330 of 2023 K. Premkumar ...

Petitioner /vs/ P. Priyadarshini ...

Respondent PRAYER : This Transfer Civil Miscellaneous Petition has been filed under Section 24 of Civil Procedure Code to withdraw the DVC No.129 of 2020 on the file of the Additional Mahila Court, Thanjavur and transfer the same on the file of Additional Mahila Court, Coimbatore District. For Petitioner ... Mr. S. Nedunchezhiyan For Respondent ... Mr. B. Ramkumar

ORDER

Both the Transfer Civil Miscellaneous Petitions have been filed to withdraw and transfer the case in DVC No.129 of 2020 from the file of the

Additional Mahila Court, Thanjavur to the file of the Additional Family Court, Coimbatore.

2.The learned counsel appearing for the petitioner submitted that the petitioner is husband and the respondent is wife. They have two female children, namely, Sirithika (16 yrs.) and Hansika (12 yrs). Due to misunderstanding between them, they separated. The respondent/wife had filed DVC No.129 of 2020 before the Additional Mahila Court, Thanjavur for maintenance for herself and her daughters and other reliefs, against which, the petitioner/husband filed a petition in H.M.O.P.No.98 of 2021 before the Family Court, Thanjavur, for divorce and now, both the cases are under trial in the respective Courts in Thanjavur. Thereafter, the petitioner/husband had filed a suit in O.S.No.16 of 2022 before the Additional Family Court, Coimbatore claiming ownership over the schedule mentioned property and also filed a guardian original petition in G.W.O.P.No.263 of 2022 on the file of Additional Family Court, Coimbatore. He further submitted that now, both the petitioner and the respondent are residing at Coimbatore and hence, it finds very difficult to

attend the Trial in DVC No.129 of 2020 on the file of the Family Additional Mahila Court, Thanjavur. Hence, he prays to transfer the case in DVC No.129 of 2020 on the file of the Additional Mahila Court, Thanjavur, to the file of Additional Mahila Court, Coimbatore and prayed to allow the transfer civil miscellaneous petition. 3.The learned counsel appearing for the respondent has no objection in allowing the petition.

4. In view of the above submission, this Court is inclined to transfer the DVC No.129 of 2020 from the file of the Additional Mahila Court, Thanjavur to the file of the Additional Family Court, Coimbatore. 5.In view of the above, DVC No.19 of 2020 is directed to be withdrawn from the file of the Additional Mahila Court, Thanjavur and transferred the same to the file of the Additional Mahila Court, Coimbatore. The learned Judge, Additional Mahila Court, Thanjavur, is hereby directed to send entire records to the Additional Mahila Court,

Coimbatore, within a period of two weeks from the date of receipt of a copy of this order and the learned Judge, Additional Mahila Court, Coimbatore is directed to issue notice to the respondent and dispose of the cases as early as possible. The respondent is directed to appear before the trial Court as directed by it whenever his presence is necessary.

6. In the result, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. Index : Yes/No 19.02.2024 Internet : Yes/No 2/2 mrp To 1.The Additional Mahila Court, Thanjavur 2.The Additional Mahila Court, Coimbatore.

V.SIVAGNANAM ,J.

mrp Tr CMP.No. 1047 of 2023 and CMP.Nos. 25330 of 2023 2/2 19.02.2024