Madras High CourtTR CMP/1166/2023allowed

S. Sahana v. A. Thangapathamanaban

2024-02-15Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Tr CMP.No.1166 of 2023 and CMP.No.27907 of 2023 S.Sahana ... Petitioner /vs/ A.Thangapathamanaban ... Respondent PRAYER : This Transfer Civil Miscellaneous Petition has been filed under Section 24 of Civil Procedure Code to withdraw the case in HMOP No.120 of 2023 from the file of the Subordinate Court, Thuraiyur, Tiruchirappalli, and transfer the same to Family Court, Coimbatore For Petitioner ... Mr.R.Narayanan For Respondent ... Mr.R.Nareshkumar

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in HMOP No.120 of 2023 from the file of the learned Subordinate Judge, Thuraiyur, Tiruchirappalli and transfer the same to

Family Court, Coimbatore.

2. The petitioner is wife and the respondent is husband. The respondent herein has filed the above HMOP No.120 of 2023 seeking divorce. The petitioner is residing with her age old parents at Saravanampatti Village, Coimbatore and she has no means to travel from Coimbatore to Thuraiyur either by bus or train and hence, the present transfer petition has been filed.

3. When the matter is taken up for hearing, the learned counsel for the petitioner as well as the counsel for the respondent submitted that, though the present petition has been filed to transfer the HMOP No.120/2023 from the file of the Subordinate Court, Thuraiyur, Tiruchirappalli to the Family Court, Coimbatore, now, they conceded to transfer the above case to the Family Court, Namakkal.

4. Inview of the submission made by the learned counsel for either side, this Court is inclined to transfer the case in H.M.O.P.No.120 of 2023 to the Family Court, Namakkal.

5. Accordingly, HMOP No.120/2023 is hereby directed to be withdrawn from the file of the learned Subordinate Judge, Thuraiyur, Tiruchirappalli and transferred to the Family Court, Namakkal. The learned Subordinate Judge, Thuraiyur, Tiruchirappalli is directed to send the entire records to the Family Court, Namakkal, 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, Namakkal 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 disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Index : Yes/No 15.02.2024 Internet : Yes/No mst To 1.The Subordinate Judge, Thuraiyur, Tiruchirappalli 2.The Judge, Family Court, Namakkal.

V.SIVAGNANAM ,J.

mst Tr CMP.No.

15.02.2024