Kiruthika v. Karunanidhi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2024

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.2938 of 2024 Kiruthika .. Petitioner Vs.

Karunanidhi .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No.6 of 2024 on the file of the Family Court, Nagapattinam and transfer the same to the file of the Family Court, Thanjavur. For Petitioner : Ms.P.Yasmin Begum For Respondent : No Appearance

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.6 of 2024 on the file of the Family Court, Nagapattinam and transfer the same to the file of the Family Court, Thanjavur.

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2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 01.09.2022 at Nagapattinam as per Hindu Rites and Customs.

3. Due to disputes and differences that have arisen between the parties, the husband has initiated the proceeding in H.M.O.P.No.6 of 2024 seeking divorce on the file of the Family Court, Nagapattinam.

4. The petitioner/wife is the resident of Umayalpuram in Thanjavur District. As the petitioner/wife is not in a position to travel from Thanjavur to Nagapattinam for every hearing, she has moved this transfer petition.

5. Heard the learned counsel appearing for the petitioner.

6. Despite service of notice, the respondent/husband has neither entered appearance through a counsel nor appeared in-person to oppose this petition.

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7. Taking into consideration of the facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this transfer petition.

8. The learned Judge, Family Court, Nagapattinam is directed to transmit the entire records pertaining to the case in H.M.O.P.No.6 of 2024 to the Family Court, Thanjavur within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Family Court, Thanjavur is directed to take the case on file and dispose of the same in accordance with law.

9. With the above direction, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

14.08.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 3 of 4

P. VADAMALAI , J.

mkn To 1.The learned Judge, Family Court, Nagapattinam 2.The learned Judge, Family Court, Thanjavur and C.M.P.(MD)No.2938 of 2024 14.08.2024 Page No 4 of 4