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Madras High CourtTR CMP(MD)/63/2023allowed

Pavithra, v. Prasanna,

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.1493 of 2023 Pavithra ... Petitioner/ Respondent Vs.

Prasanna ... 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.492 of 2022 on the file of the Family Court, Salem and transfer the same to the Family Court, Tirunelveli.

For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.G.Peranban

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer H.M.O.P.No.492 of 2022 pending before the Family Court, Salem, to be transferred to the Family Court, Tirunelveli on the ground that she is a permanent resident of Tirunelveli, along with her parents.

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2. A perusal of H.M.O.P., petition also indicates that the husband has referred the address of the wife as that she is residing at Tirunelveli. However, the learned counsel appearing for the respondent/husband submits that if it is transferred to Family Court, Tirunelveli, it will be very difficult for him to appear every hearing.

3. Considering the aforesaid facts, H.M.O.P.No.492 of 2022 pending on the file of the Family Court, Salem, is hereby withdrawn and transferred to the file of the Principal Subordinate Court, Tirunelveli.

4. With the above observation, the Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

01.03.2023 NCC : Yes / No Index : Yes / No Rmk To 1.The Principal Subordinate Judge, Tirunelveli. 2.The Judge, Family Court, Salem.

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R.

VIJAYAKUMAR ,J.

Rmk Order made in 01.03.2023 3/3