Madras High CourtTR CMP(MD)/170/2021disposed of

S.Abirami v. Manikandan

2021-07-02Honourable Mr Justice A.A.Nakkiran2 pages

Tr CMP (MD) No. 170 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.170 of 2021 and C.M.P.(MD)No.3264 of 2021 S.Abirami ... Petitioner/Respondent -vsManikandan ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.21 of 2021 pending before the Family Court, Karur and transfer the same to the Sub Court, Sattur.

For Petitioner : Mr.A.Balaji For Respondent : Mr.A.Annadurai

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.21 of 2021 pending before the Family Court, Karur and transfer the same to the Sub Court, Sattur. 2.The respondent has filed H.M.O.P.No.21 of 2021 before the Family Court, Karur, for divorce.

3. The learned counsel for the petitioner/wife submitted that the petitioner is residing with her age old mother at Kananjampatti, Sivakasi Taluk, Virudhunagar District and she is depending on her parents for her day to day livelihood and she has no source of income. The distance between Kananjampatti to Karur is nearly 225 kms. In this circumstance, it is difficult for the petitioner to travel from Kananjampatti to Karur, for attending the Court hearing in H.M.O.P.No.21 of 2021. Hence, he prays to transfer the case to Sattur.

4.The learned counsel appearing for the respondent would submit that the respondent is taking care of his age old mother. The petitioner is having money and muscle power in her locality, hence, there is a life threat at the hands of the petitioner and her family and he strongly opposes to transfer the case. However, if the court feels to transfer the case, the same may be transferred to any other centre place.

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Tr CMP (MD) No. 170 of 2021 5.Considering the submissions made on either side, this Court feels to transfer the case to the file of Family Court, Madurai. 6.Accordingly, H.M.O.P.No.21 of 2021, is withdrawn from the file of Family Court, Karur and transferred to the file of Family Court, Madurai, for disposal as per law. The learned Judge, Family Court, Karur, is directed to transmit the papers to the file of the Family Court, Madurai, forthwith. The learned Judge, Family Court, Madurai, is directed to dispose of the case in H.M.O.P.No.21 of 2021 on merits and in accordance with law as expeditiously as possible.

7. The personal appearance of both parties before the Family Court, Madurai, is dispensed with, except on the dates of hearing, on which, the learned Judge insists upon the parties to appear before the Court. On other hearing dates, the counsel on behalf of the parties may appear before the court.

8. In fine, this Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) msa/cp To:

1.The Judge, Family Court, Karur.

2.The Judge, Family Court, Madurai.

Order made in Tr.C.M.P.(MD) No.170 of 2021 and C.M.P.(MD)No.3264 of 2021 Dated:

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