K.Kalaivani, v. S.Silambarasan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.2460 of 2023 K.Kalaivani

...Petitioner/

Respondent Vs.

S.Silambarasan

...Respondent/

Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the petition in F.C.O.P.No. 530 of 2022 on the file of the Family Court, Erode and transfer the same to the Family Court, Trichy.

For Petitioner : Mr.K.Arunraj For Respondent : No Appearance

ORDER

The present transfer civil miscellaneous petition has been filed to transfer F.C.O.P.No.530 of 2022 from the file of the Family Court, Erode to the file of the Family Court, Trichy.

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2. Though the respondent has been served, there is no appearance either in person or through counsel. The name of the respondent is also printed in the cause list.

3. The petitioner in her affidavit filed in support of the petition stated as follows:

" I humbly further submit that in these circumstances the respondent filed a petition for divorce, in F.C.O.P.No.530 of 2022 on the file of the Family Court, Erode. Now I am living with the shadows of my parents. From my parental home to Erode Court it will come around up and down 340 Kilometres. So, I could not spend huge amount towards travelling expenses to conduct the case at Erode. I am being a woman; I could not travel from my home to Erode without assistant of the parents. So, It is just and necessary to withdraw and transfer the case from Family Court, Erode to Family Court, Trichy. Moreover the matter is posted on 22.02.2023 for my appearance, hence it is just and necessary for me to file an application for stay for further proceedings of the case in F.C.O.P.No.530 of 2022 on the file of the Family court, Erode."

4. Considering the above, I am inclined to allow the present Transfer Civil Miscellaneous Petition. Thus, the present Transfer Civil Miscellaneous Petition stands allowed by transferring F.C.O.P.No.530 of 2022 from the file of the Family Court, Erode to the file of the Family 2/4

Court, Trichy. No costs. Consequently, connected miscellaneous petition is closed.

12.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Family Court, Erode.

2.The Family Court, Trichy.

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

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C.SARAVANAN ,J.

SN 12.04.2023 4/4