← Library
Madras High CourtTR CMP(MD)/104/2023allowed

Mutharasi, v. Tamilselvan

2023-04-03Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.2487 of 2023 Mutharasi, D/o.Ganapathi .. Petitioner

Versus

Tamilselvan, S/o.Rajendran .. Respondent Prayer :- Petition filed under Section 24 read with Section 151 of C.P.C., to transfer the case pending on the file of the Sub-Court, Thiruvarur, in H.M.O.P.No.148 of 2022 to the file of the Family Court, Madurai. For Petitioner :

Mr.D.Packiaraj For Respondent :

No Appearance

ORDER

This Petition has been filed to transfer the case pending on the file of the SubCourt, Thiruvarur, in H.M.O.P.No.148 of 2022 to the file of the Family Court, Madurai.

1/4

2. Today, when the matter is taken up for hearing, there is no representation on behalf of the respondent, despite service of notice on the respondent and his name is also printed in the cause list.

3. The petitioner has given the following reasons for transfer of H.M.O.P.No. 148 of 2022, from the Sub Court, Thiruvarur, to the Family Court, Madurai. ''7. I further submit that my native is Madurai and now I and my child are residing at Madurai along with my Parents. It is very long distance for me to travel from Madurai to Thiruvarur. I cannot undertake such travel every time since I have to take care of my child. Neither there is anyone to accompany me nor to support me financially. I am not able to go for a job due to my health issues and no one is taking care of my child.''

4. Being satisfied with the reasons stated in Paragraph No.7 of the affidavit filed in support of the Transfer Civil Miscellaneous Petition, this Court is inclined to allow this Petition, by directing transfer of H.M.O.P.No.148 of 2022, pending on the file of the Sub Court, Thiruvarur, to the file of Family Court, Madurai.

5. This Transfer Civil Miscellaneous Petition stands allowed with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 03.04.2023 Index : Yes/No Internet : Yes/No smn2 2/4

To 1.The Sub Judge, Thiruvarur.

2.The Judge, Family Court, Madurai.

3/4

C.SARAVANAN, J.

smn2 Order made in 03.04.2023 4/4