Abinaya v. Patturaj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Tr.C.M.P.(MD) No.59 of 2023 and CMP(MD)No.1424 of 2023 Abinaya ... Petitioner/Respondent-Wife -vsPatturaj ... Respondent/ Petitioner-Husband 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.5 of 2020 on the file of the Sub-Court, Tiruchendur and transfer the same to the Family Court at Tirunelveli.

For Petitioner : Mr.T.Selvakumaran

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.5 of 2020 pending on the file of Sub-Court, Tiruchendur, and

transfer the same to Family Court at Tirunelveli. 2.Despite notice being served on the respondent, there is no representation on behalf of the respondent either in person or through counsel. 3.It is informed by the learned counsel for the petitioner that the marriage was solemnized in Tirunelveli and that the respondent is also working in Tirunelveli in the Commercial Tax Department. Despite the same, the respondent filed H.M.O.P.No.5 of 2020 before the file Sub Court, Tiruchendur, only to harass the petitioner.

4.Considering the above, this Court is inclined to transfer H.M.O.P.No.5 of 2020 from Sub-Court, Tiruchendur, to Family Court at Tirunelveli. The Family Court at Tirunelveli, shall endeavour to bring closure to the dispute between the parties within a period of 12 months from the date of receipt of a copy of this order.

5.With the above observation, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 30.03.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No dss To:

1. The Sub-Court, Tiruchendur.

2.The Family Court, Tirunelveli.

C.SARAVANAN, J.

dss Order made in Tr.C.M.P.(MD) No.59 of 2023 and CMP(MD)No.1424 of 2023 Dated:

30.03.2023