Elakkiaselvi v. Jayaprakash

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.479 of 2024 Elakkiaselvi ... Petitioner/Respondent Vs.

Jayaprakash ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No. 62 of 2023 on the file of the Subordinate Court, Thuraiyur and transfer the same to the Sub Court, Manapparai.

For Petitioner : Mr.B.Prasanna Vinoth For Respondent : No Appearance

ORDER

This petition has been filed to withdraw H.M.O.P.No. 62 of 2023 on the file of the Subordinate Court, Thuraiyur and transfer the same to the Sub Court, Manapparai.

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2.The facts in brief:

The marriage was solemnized between the parties on 28.08.2020. But, after their marriage, the respondent used to give continuous torture and physical assault upon the petitioner. Hence, she gave a complaint under Domestic Violence Act against the respondent. In the meantime, the respondent filed a petition to cancel their marriage before the Subordinate Judge, Thuraiyur in H.M.O.P.No.62 of 2023. Since the petitioner working in TANGEDCO, she is unable to attend the above said proceedings. Hence, seeking transfer of the above said case, this petition has been filed.

3.Heard the learned counsel for the petitioner. Even though the respondent was served with notice, none appears on behalf of him. His name was also printed in the cause list.

4.Considering the facts and circumstances of the case and considering the convenience of the wife, the H.M.O.P.No.62 of 2023 filed by the respondent on the file of the Sub Court, Thuraiyur, is ordered 2/42/4

to be withdrawn and transferred to the Sub Court, Manapparai. 5.Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected miscellaneous petition is closed. 16.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Subordinate Judge, Thuraiyur.

2.The Subordinate Judge, Manapparai.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 16.02.2024 4/44/4