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Madras High CourtTR CMP(MD)/58/2024allowed

J.Reenashree v. S.Kaviyarasu

2024-07-04Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P.(MD)No.927 of 2024 J.Reenashree ... Petitioner/Respondent vs.

S.Kaviyarasu ... Respondent/ Petitioner Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in HMOP No.662 of 2023 on the file of the Family Court, Karur and transfer the same to the file of the Family Court, Namakkal, Namakkal District.

For Petitioner : Mr.N.Pragalathan For Respondent : Mr.S.Kaviyarasu (Party-in-person)

ORDER

The Transfer Civil Miscellaneous Petition is filed by the petitioner/wife, requesting the transfer of the case in HMOP No.662 of 1/4

2023 on the file of the Family Court, Karur to the file of the Family Court, Namakkal.

2.The respondent is present before the Court. 3.Upon considering the hardship which is pleaded by the petitioner/wife to transfer the case to Namakkal and when this Court posed the question as to why the case should not be transferred, the respondent would submit that he is working as a Helper in the Electricity Board in Karur District itself and even if the case is transferred, the case should be disposed of at an early date.

4.In view thereof, considering the hardship, which is pleaded by the wife, this Transfer Civil Miscellaneous Petition is allowed. HMOP No.662 of 2023 pending on the file of the Family Court, Karur is transferred to the file of the Family Court, Namakkal. No costs. Consequently, connected miscellaneous petition is closed.

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5.Considering the plea made by the respondent/husband, the Family Court, Namakkal, upon receipt of the papers, shall consider, taking up the case for expeditious disposal and disposing of the same, in any event not later than seven months from the date of receipt of a copy of this order. For the essential hearings, such as counselling, examination of witnesses, mediation etc., the petitioner shall appear without fail. In respect of the other formal hearings, the learned Family Judge, Namakkal, is requested to permit the petitioner to appear on virtual mode also as he is pleading that being a helper, the management will not grant leave to him for all the days of the hearings.

04.07.2024 NCC : Yes / No sji To 1.The Family Court, Karur.

2.The Family Court, Namakkal.

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D.BHARATHA CHAKRAVARTHY, J.

sji and C.M.P.(MD)No.927 of 2024 04.07.2024 4/4