S.Kavitha v. P.Saravanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)No.1192 of 2024 S.Kavitha ... Petitioner/Respondent Vs.

P.Saravanan

...Respondents/Petitioner

The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.1383 of 2023 on the file of the learned Family Court, Madurai and transfer the same to the learned Sub-Court, Avadi. For Petitioner :Mr.A.Robinson For Respondent :Mr.G.Ramapandian

ORDER

The Transfer Civil Miscellaneous Petition is filed with a prayer to withdraw the H.M.O.P.No.1383 of 2023 on the file of the learned Family Court, Madurai and transfer the same to the file of the Sub-Court. Avadi.

2.The petitioner/wife is pleading hardship. She is now residing separately at Avadi. She is also residing along with her tender child aged 6 years. Therefore, it is impossible for her to travel upto Madurai for every hearing to attend the Court. 3.The prayer is resisted by the learned counsel for the respondent. In any event, the learned counsel would submit that the respondent is residing at Madurai and it would be extremely difficult for the respondent to attend the Court at Avadi and even if this Court considers the case for the convenience of the wife, the case may be transferred to Sub-Court, Tambaram, instead of the Sub-Court, Avadi. While the hardship pleaded by the

petitioner/wife can be appreciated especially, she is living with her tender child aged 6 years, at the same time, the prayer made by the learned counsel for the respondent is also reasonable, as the respondent/husband has to travel from Madurai. 4.In view thereof, the Transfer Civil Miscellaneous Petition is ordered on the following terms:

(i)The H.M.O.P.No.1383 of 2023 is withdrawn from the file of the Family Court, Madurai and transfer the same to the learned Sub-Court, Tambaram. No costs. Consequently, connected miscellaneous petition is closed.

03.07.2024 NCC:Yes/No Ns

D.BHARATHA CHAKRAVARTHY, J.

Ns To 1.The Family Court, Madurai.

2.The Sub-Court, Thambaram.

3.The Sub-Court, Avadi.

4.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

and C.M.P(MD)No.1192 of 2024 03.07.2023