Madras High CourtTR CMP(MD)/80/2023allowed

J. Surya v. S. Jeevaraj

2023-04-10Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Tr.C.M.P.(MD) No.80 of 2023 and CMP(MD)No.1926 of 2023 J.Surya ... Petitioner/Respondent-wife -vsS.Jeevaraj ... Respondent/Petitioner-husband PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in HMOP.No.204 of 2022 pending on the file of the learned Subordinate Judge, Uthamapalayam, Theni District, to the file of the learned Subordinate Judge, Dindigul. For Petitioner : Mr.V.Muhilan For Respondent : Mr.S.Moorthy

O R D E R

The present transfer civil miscellaneous petition has been filed to transfer HMOP.No.204 of 2022 from the Subordinate Judge, Uthamapalayam, Theni District, to the Subordinate Judge, Dindigul.

2. The learned counsel for the respondent submits that the case can be transferred to the Sub Court, Madurai, as a distance between Nilakottai and Madurai is same as the distance between Nilakottai and Dindigul. 3.The learned counsel for the petitioner submits if the case is transferred to Madurai, both the petitioner and the respondent have to travel from their respective place. It is submitted that the petitioner is not employed and is dependent on her parents and is taking care of her minor child.

4. Considering the above, the Present Transfer Civil Miscellaneous Petition stands allowed by transferring HMOP.No.204 of 2022 from the Court of Subordinate Judge, Uthamapalayam at Theni District, to Court of Subordinate Judge at Dindigul. The Subordinate Judge, Dindigul, shall endeavour to bring closure to the dispute

between the parties within a period of 15 months from the date of receipt of a copy of this order.

5.With the above observation, this Transfer Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 10.04.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No dss To:

1.The Subordinate Judge, Uthamapalayam, Theni District.

2. The Subordinate Judge, Dindigul.

C.SARAVANAN, J.

dss Order made in Tr.C.M.P.(MD) No.80 of 2023 and CMP(MD)No.1926 of 2023 Dated:

10.04.2023