Sampoorna Santhi v. M.S. Anandharaj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.2505 of 2023 Sampoorna Santhi

...Petitioner/Petitioner

Vs.

M.S.Anandharaj

...Respondent/Respondent

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the original petition in I.D.O.P.No.6 of 2022 from the file of the Principal District and Sessions Court, Sivagangai and to transfer the same to the file of the learned Family Court, Chengalpattu.

For Petitioner : Mr.P.Yasmin Begum For Respondent : Mr.N.Kannan

ORDER

The present transfer civil miscellaneous petition has been filed to transfer I.D.O.P.No.6 of 2022 on the file of the Principal District and Sessions Court, Sivagangai to the file of the Family Court, Chengalpattu. 1/5

2. The petitioner has initiated I.D.O.P.No.6 of 2022 before the Principal District and Sessions Court, Sivagangai being the place whose jurisdiction the marriage was solemnised at Thiruppathur is within the jurisdiction of Sivagangai District.

3. It is the case of the petitioner that the petitioner is currently employed as a P.T.Assistant in Government school at Manivakkam, Kanchipuram District within the jurisdiction of the Family Court, Chengalpattu. It is submitted that the petitioner is also taking care of a younger son, who is studying in college. It is submitted that the petitioner cannot travel from Kanchipuram to Sivagangai.

4. The respondent on the other hand submits that there is a scope for settlement and the matter can be referred to mediation.

5. The learned counsel for the petitioner would submit that such opportunity was made during the pendency of the case before the Principal District and Sessions Court, Sivagangai. However, they did not lead to any settlement between the petitioner and the respondent. 2/5

6. I have considered the arguments advanced by the learned counsel for the petitioner and the learned counsel for the respondent.

7. Being satisfied with the reasons given in the affidavit filed in support of the petition, the present Transfer Civil Miscellaneous Petition stands allowed by transferring I.D.O.P.No.6 of 2022 on the file of the Principal District and Sessions Court, Sivagangai to the file of the Family Court, Chengalpattu. The Family Court, Chengalpattu shall endeavour to dispose of the I.D.O.P.No.6 of 2022 as expeditiously as possible preferably within a period of 9 months from the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

08.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5

To 1.The Principal District and Sessions Court, Sivagangai.

2.The Family Court, Chengalpattu.

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

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C.SARAVANAN ,J.

SN 08.06.2023 5/5