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Madras High CourtTR CMP(MD)/98/2021allowed

J.Loyala Jasmine, v. J.Justus Jhayaneesh,

2023-03-09Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.2137 of 2021 J.Loyala Jasmine ... Petitioner/ Respondent Vs.

J.Justus Jhayaneesh

...Respondent/

Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw and transfer the divorce petition filed by the respondent in I.D.O.P.No.839 of 2019, pending on the file of the Family Court, Madurai to the Family Court, Thoothukudi. For Petitioner : Mr.P.M.Vishnu Varthanan For Respondent : Mr.K.Sami Durai

ORDER

The present civil revision petition filed by the wife to transfer I.D.O.P.No.839 of 2019 from the Family Court, Madurai to Family Court, Thoothukudi.

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2. When this case was posted before this Court, this Court had attempted to resolve the dispute through mediation by referring the case to Mediation and Conciliation Centre attached to this Court. It appears that the attempt to mediate the dispute has failed as the respondent had not participated in the proceedings.

3. Considering the above, this Court is inclined to order transfer of I.D.O.P.No.839 of 2019 filed by the respondent before the Family Court, Madurai to Family Court, Thoothukudi. The Family Court, Thoothukudi shall endeavour to bring closure to the proceeding one way or the other after due process of law and after hearing the parties preferably within a period of 18 months from the date of receipt of copy of this order. The transfer civil miscellaneous petition stands allowed. No costs. 09.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 2/4

To 1.The Family Court, Madurai.

2.The Family Court, Thoothukudi.

3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN ,J.

SN 09.03.2023 4/4