Karthika, v. M. Devendra Kumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and CMP(MD)No.2840 of 2023 Karthika .. Petitioner Vs.

M.Devendra Kumar .. Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw the proceedings in HMOP.No.1339 of 2020 on the file of the IV-Additional Family Court, Chennai and transfer the same to the Family Court, Madurai. For Petitioner : Mr.S.Ayyanar Prem Kumar For Respondent : No appearance

ORDER

The petitioner is the wife of the respondent. She is facing the divorce proceedings before the IV-Additional Family Court, Chennai in 1/4

HMOP.No.1339 of 2020 filed by her husband/respondent herein. This petition has been filed to transfer the HMOP.No.1339 of 2020 from the file of the IV-Additional Family Court, Chennai to the file of the Family Court, Madurai.

2. The learned counsel for the petitioner submitted that the petitioner and her daughter is now residing at Madurai in her parental home. He further submitted that the petitioner has to travel about 460 kms to attend the Court proceedings from Madurai to Chennai and she is not in a position to travel from Madurai to Chennai for every hearing and being a lady, she cannot travel alone to Chennai and hence, it is difficult for her to contest the case before the IV-Additional Family Court, Chennai. Hence, she filed this petition to transfer the HMOP.No.1339 of 2020 from the file of the IV-Additional Family Court, Chennai to the file of the Family Court, Madurai.

3. The respondent remains absent inspite of service of notice.

4. Considering the pendency of the case, this Court withdraws H.M.O.P.No.1339 of 2020 from the file of the IV-Additional Family Court, Chennai and transfers the same to the Family Court, Madurai. The IV-Additional Family Court, Chennai is directed to transfer the entire records in H.M.O.P.No.1339 of 2020 to the transferee Court 2/4

forthwith. The transferee Court shall receive the records and assign a new number, send notice to both parties and proceed further in the matter.

5. With the above direction, this Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected miscellaneous petition is closed.

08.03.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No PJL To

1. The Judge, IV-Additional Family Court, Chennai.

2. The Judge, Family Court, Madurai.

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G.ILANGOVAN. J.

PJL TRCMP.(MD)No.125 of 2023 and CMP(MD)No.2840 of 2023 08.03.2024 4/4