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Madras High CourtCMP(MD)/3920/2025dismissed as withdrawal

S.Anandha Swarna v. S.Nilesh Barani

2025-04-16Honourable Mr Justice P.Vadamalai2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-04-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI CMP(MD) NO. 3920 of 2025 in TR CMP(MD) NO. 400 of 2024 S.Anandha Swarna W/o.S.Nilesh Barani, Door No.542/2, Kamaraj Road, Sivakasi, Virudhunagar 626 123.

Petitioner(s) Vs S.Nilesh Barani S/o.Sivakumar, No.4/36-D, Caldwel Colony, Chidambara Nagar, Thoothukudi - 628 008.

Respondent(s) Prayer : Civil Miscellaneous Petition filed under Order VI Rule 17 of the Code of Civil Procedure, praying to amend the paragraph No.11 in the original affidavit filed by the petitioner as "Herein, I am the breadwinner of my family and I don't have any child. It would be easy for me to attend the Family Court hearings at Learned Sub Court, Sivakasi since my parents can help me to attend the court hearings. Further I could not travel Tuticorin more than 106 kilometers in 3 hours. It is much difficult to go and attend the court.

In the above said circumstances, it is just and necessary that this Hon'ble Court may be pleased to transfer the above HMOP from the court of learned Family Court, Coimbatore to the learned Family Court at Tuticorin for proper adjudication of the matter, otherwise I will be put to great loss and hardship." instead of "Herein, I am the breadwinner of my family and I only take care of my child. It would be easy for me to attend the Family Court hearings at Learned Sub Court, Sivakasi since my parents can help me to attend the court hearings. Further I could not travel Tuticorin more than 106 kilometers in 3 hours. It is much difficult to go and attend the court.

In the above said circumstances, it is just and necessary that this Hon'ble Court may be pleased to transfer the above HMOP from the court of learned Family Court, Coimbatore to the learned Family Court at Tuticorin for proper adjudication of the matter, otherwise I will be put to great loss and hardship."

Mr.P.Vetrivel https://www.mhc.tn.gov.in/judis 1/2

For Respondent(s):

Mr.G.Mohan Kumar

ORDER

When the matter is taken up for hearing today (16.04.2025), the learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition, and has also made an endorsement in the bundle to that effect.

2. In view of the endorsement made by the learned counsel for the petitioner, this Civil Miscellaneous Petition is dismissed as withdrawn granting liberty to the petitioner to file a petition under Section 152 of the Code of Civil Procedure. Sd/- 16.04.2025 // True Copy // /06/2025 Sub Assistant Registrar ( I / II / III / IV) mkn jj/06.06.2025 2P/1C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 https://www.mhc.tn.gov.in/judis 2/2