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Madras High CourtTR CMP(MD)/78/2023allowed

G. Vidhyapriya v. P.Madhankumar

2023-03-10Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.1820 of 2023 G.Vidhyapriya ... Petitioner/ Respondent Vs.

P.Madhankumar ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the H.M.O.P.No.9 of 2023 on the file of the Principal Sub Court, Thanjavur and transfer the same to the file of the Family Court, Nagapattinam.

For Petitioner : Mr.V.Chandrapandi For Respondent : Mr.K.Pragatheesh Kumar

ORDER

The present transfer civil miscellaneous petition has been filed to transfer H.M.O.P.No.9 of 2023 on the file of the Principal Sub Court, Thanjavur to the Family Court, Nagapattinam.

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2. The learned counsel for the petitioner submits that the petitioner is unemployed and unable to travel to the Principal Sub Court, Thanjavur to attend the hearing in H.M.O.P.No.9 of 2023. That apart, it is submitted that D.V.C. is also pending before the Judicial Magistrate, Nagapattinam.

3. The learned counsel for the respondent submits that he is currently working in Chennai, though H.M.O.P.No.9 of 2023 has been filed before the Principal Sub Court, Thanjavur.

4. Considering the above, the present Transfer Civil Miscellaneous Petition stands allowed. H.M.O.P.No.9 of 2023 is directed to be transferred from Principal Sub Court, Thanjavur to the Family Court, Nagapattinam.. The personal appearance of the respondent stands dispensed with for regular hearing. However, the respondent shall appear as and when the Court directs the respondent to appear before the Court. The Family Court, Nagapattinam shall try to settle the dispute or in the alternative bring closure between the parties after due process of law as expeditiously as possible preferably within a period of 12 months from 2/4

the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

10.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Principal Sub Court, Thanjavur.

2.The Family Court, Nagapattinam.

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

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C.SARAVANAN ,J.

SN 10.03.2023 4/4