M.Manonmani v. K.Premkumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.121 of 2023 M.Manonmani ... Petitioner/ Respondent Vs.
K.Premkumar ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in O.P.No.1289 of 2022 before the Family Court, Madurai and transfer the same to the Subordinate Court, Alandur, Kanchipuram District. For Petitioner : Mr.I.Robert Chandrakumar For Respondent : Ms.B.Asha
ORDER
The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer O.P.No.1289 of 2022 filed by the husband for divorce pending on the file of the Family Court, Madurai, to be transferred to the Subordinate Court, Alandur, Kanchipuram District. 1/4
2. According to the learned counsel for the petitioner/wife, the wife is a Government School Teacher and she is a permanent resident of Medavakkam, Chennai, along with her two minor children, who are studying there.
3. However, the learned counsel appearing for the respondent/husband contended that the wife is not interested for reunion and she is only harassing the husband by way of filing this transfer civil miscellaneous petition.
4. The issue of reunion cannot be decided in transfer civil miscellaneous petition and considering the aforesaid facts, the Transfer Civil Miscellaneous Petition stands allowed. Accordingly, O.P.No.1289 of 2022 pending on the file of the Family Court, Madurai, is hereby withdrawn and the same is transferred to the file of the Subordinate Court, Alandur, Kanchipuram District. The learned Subordinate Judge, Alandur, is directed not to insist upon the personal appearance of the respondent/husband, unless his presence is compulsorily required. 2/4
No costs. Consequently, connected Miscellaneous Petition is closed.
01.03.2023 NCC : Yes / No Index : Yes / No Rmk To 1.The Judge, Family Court, Madurai.
2.The Subordinate Judge, Alandur, Kanchipuram District.
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R.
VIJAYAKUMAR ,J.
Rmk Order made in 01.03.2023 4/4