Madras High CourtTR CMP(MD)/39/2022allowed

K.Shalini v. G.Ajay Prithivi

2023-03-09Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.694 of 2022 K.Shalini ... Petitioner/ Respondent Vs.

G.Ajay Prithivi

...Respondent/

Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 read with 151 of Code of Civil Procedure, to withdraw the case in H.M.O.P.No.2078 of 2021 from the file of the Sub Court, Alandur and to transfer the same to the Sub Court, Karaikudi or any other competent Court in Sivagangai within the time stipulated by this Court. For Petitioner : Mr.S.Malaikani

ORDER

The present transfer civil miscellaneous petition has been filed to transfer H.M.O.P.No.2078 of 2021 from the file of the Sub Court, 1/4

Alandur and to the file of the Sub Court, Karaikudi or any other competent Court in Sivagangai.

2. The notice taken on the respondent had remained unserved and therefore, this Court had permitted private notice on the learned counsel, who represents the interest of the respondent before the Family Court, Alandur in H.M.O.P.No.2078 of 2021. The notice was served. Despite such, there is no representation on behalf of the respondent.

3. The petitioner has already filed D.V.O.P.No.16 of 2021 before the Judicial Magistrate, Karaikudi. The petitioner is from Alagappapuram, Sivagangai District. The respondent on the other hand instituted H.M.O.P.No.2078 of 2021 before the Alandur as the respondent is residing in Kulathur, Chennai.

4. Being satisfied with the reasons given in the affidavit filed in support of the petition, this Court is inclined to allow this application for transfer of H.M.O.P.No.2078 of 2021 from Sub Court, Alandur to Sub Court, Karaikudi.

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5. The transfer civil miscellaneous petition stands allowed with the above observations. No costs. consequently, connected miscellaneous petition is closed.

09.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Sub Court, Alandur.

2.The Sub Court, Karaikudi.

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

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C.SARAVANAN ,J.

SN 09.03.2023 4/4