← Library
Madras High CourtTR CMP(MD)/5/2023allowed

Jarifa Gracelin, v. Dinesh Xavier,

2023-02-14Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.148 of 2023 Jarifa Gracelin ... Petitioner/ Respondent Vs.

Dinesh Xavier ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Sections 24 and 151 of the Code of Civil Procedure, to withdraw the petition in I.D.O.P.No.124 of 2022 on the file of the Family Court, Madurai, and transfer the same to the District Judge, Thoothukudi. For Petitioner : Mr.T.Selvakumaran For Respondent : Mr.K.Samidurai

ORDER

The present transfer civil miscellaneous petitioner has been filed by the wife seeking to transfer I.D.O.P.No.124 of 2022 filed by the husband for divorce pending on the file of the Family Court Madurai to be transferred to District Court, Thoothukudi. 1/4

2. According to the learned counsel appearing for the petitioner, due to matrimonial dispute, the petitioner is residing at Thoothukudi and she finds it difficult to travel to Madurai for attending every hearing in Family Court, Madurai.

3. The learned counsel appearing for the respondent/husband submits that he has no objection for transferring the case from Family Court, Madurai to District Court, Thoothukudi.

4. Considering the facts and circumstances of the case, I.D.O.P.No. 124 of 2022 pending on the file of the Family Court, Madurai, is hereby withdrawn and transferred to the District Court, Thoothukudi.

5. With the aforesaid observation, the Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

14.02.2023 NCC : Yes / No Index : Yes / No Rmk 2/4

To 1.The Judge, Family Court, Madurai.

2.The District Judge, Thoothukudi.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

3/4

R.

VIJAYAKUMAR ,J.

Rmk Order made in 14.02.2023 4/4