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Madras High CourtTR CMP(MD)/61/2023allowed

R. Bhuvaneshwari v. R. Prasanna Kumar

2023-03-01Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.1436 of 2023 R.Bhuvaneshwari ... Petitioner/ Respondent Vs.

R.Prasanna Kumar ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the petition in H.M.O.P.No.227 of 2022 pending before the Subordinate Judge, Uthamapalayam and to transfer the same to the concerned Court, Pondichery and to dispose of the same in accordance with law. For Petitioner : Mr.P.Dhanasekaran For Respondent : No appearance

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer H.M.O.P.No.227 of 2021 filed by the husband pending before the Subordinate Court, Uthamapalyaam, to be transferred to the Family Court, Pondicherry. 1/3

2. According to the learned counsel for the petitioner, the wife is a permanent resident of Pondicherry and the same has also mentioned as address in H.M.O.P.No.227 of 2021.

3. Though the respondent has been served, there is no representation either in person or through counsel.

4. Considering the above, H.M.O.P.No.227 of 2021 pending on the file of the Subordinate Court, Uthamapalayam, is hereby withdrawn and the same is transferred to the file of the Family Court, Pondicherry.

5. With the above observation, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

01.03.2023 NCC : Yes / No Index : Yes / No Rmk To 1.The Subordinate Judge, Uthamapalayam.

2.The Judge, Family court, Pondicherry.

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R.

VIJAYAKUMAR ,J.

Rmk Order made in 01.03.2023 3/3