S.Sornavalli v. V.Latchuman Muthiya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM and C.M.P.No.28285 of 2023 S.Sornavalli W/o.V.Latchuman Muthiya ... Petitioner Vs.

V.Latchuman Muthiya ... Respondent PRAYER : Petition filed under Section 24 of Civil Procedure Code to withdraw F.C.O.P.No.592 of 2023 from the file of the Family Court, Erode and transfer the same to the file of the Principal Sub Court, Kumbakonam. For Petitioner :

Mr.Ar.M.Arunachalam For Respondent :

Ms.D.Jeevitha for Mr.R.Nalliyappan

O R D E R

This petition has been filed to withdraw F.C.O.P.No.592 of 2023 from the file of the Family Court, Erode and transfer the same to the file of the Principal Sub Court, Kumbakonam.

2. The petitioner is wife and the respondent is husband. The respondent herein has filed the above F.C.O.P.No.592 of 2023 on the file of the Family Court, Erode for dissolution of marriage. The petitioner is staying with her parents at Kumbakonam. Due to misunderstanding, both the petitioner and the respondent are living separately. In such circumstances, it is very difficult to her to travel from Kumbakonam to Erode for attending the every Court hearing and hence, the present transfer petition has been filed.

3. The learned counsel for the respondent has submitted that the respondent has no objection for transferring the case from the Family Court,

Erode to the Principal Sub Court, Kumbakonam.

4. In view of the submission made by the learned counsel for the petitioner and also considering the fact that the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the case, as prayed for in the petition.

5. Accordingly, F.C.O.P.No.592 of 2023 is hereby directed to be withdrawn from the file of the Family Court, Erode and transferred to the Principal Sub Court, Kumbakonam. The Family Court, Erode is directed to send the entire records to the Principal Sub Court, Kumbakonam within a period of two weeks from the date of receipt of a copy of this order. The Principal Sub Court, Kumbakonam is directed to refer the matter for mediation and thereafter dispose of the case subject to the result of the mediation.

6. With the above direction, this Tr.C.M.P. is allowed. No costs. Consequently, connected miscellaneous petition is closed. 14.02.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Judge, The Family Court, Erode

2. The Principal Sub Court, Kumbakonam

V.SIVAGNANAM, J.

vji and C.M.P.No.28285 of 2023 14.02.2024