Madras High CourtTR CMP(MD)/43/2023allowed

Ramya, v. Mani Alias Pithchamani,

2023-04-24Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Tr.C.M.P.(MD) No.43 of 2023 and CMP(MD)No.926 of 2023 Ramya ... Petitioner/Respondent -vsMani alias Pithchamani ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.360 of 2022 on the file of Learned family court, Sivagangai District and transfer the same to the file of Learned family court, Dindigul, Dindigul District. For Petitioner : Mr.S.Sarvagan Prabhu For Respondent : No Appearance

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.360 of 2022 on the file of learned Family Court, Sivagangai, Sivagangai District and transfer the same to the file of learned Family Court, Dindigul, Dindigul District.

2.Despite notice being served through Court and privately on the respondent and the name being printed in the cause list, there is no representation on behalf of the respondent either in person or through counsel. 3.The petitioner has expressed her difficulties in paragraph 3 of the affidavit filed in support of the present Transfer Civil Miscellaneous Petition which reads as under:- "3. I humbly submit that I am not in a position to appear before learned Family Court, Sivagangai, Sivagangai District, due to my health condition and also financially affected even to maintain me and the children. More over I am taking care of my two children also. Therefore I am not in a position to travel to learned Family Court, Sivagangai, Sivagangai District, to attend the hearing regularly."

4.Considering the above, H.M.O.P.No.360 of 2022 is directed to be transferred from Family Court, Sivagangai, Sivagangai District to Family Court, Dindigul, Dindigul District. The Family Court, Dindigul, Dindigul District, shall endeavour to complete the proceedings preferably within a period of 12 months from the date of receipt of copy of this order.

5.With the above observation, this Civil Revision Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 24.04.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No dss To:

1.The Family Court, Sivagangai, Sivagangai District.

2.The Family Court, Dindigul, Dindigul District.

C.SARAVANAN, J.

dss Order made in Tr.C.M.P.(MD) No.43 of 2023 and CMP(MD)No.926 of 2023 Dated:

24.04.2023