Janet Vidya Nancy v. Cyril Bosco

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2024

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.3432 of 2024 Janet Vidya Nancy .. Petitioner Vs.

Cyril Bosco .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in I.D.O.P.No.31 of 2024 on the file of the Family Court, Trichy and transfer the same to the file of the Family Court, Madurai, Madurai District or any other nearest Court.

For Petitioner : Mr.R.Balamuruganantham For Respondent : Mr.B.Jameelarasu Page No 1 of 5

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in I.D.O.P.No.31 of 2024 on the file of the Family Court, Trichy and transfer the same to the file of the Family Court, Madurai, Madurai District or any other nearest Court.

2. Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondent.

3. The learned counsels on both the sides would submit that the matter was referred to the Mediation, but no agreement was reached before the Mediation.

4. It is evident from the records that the petitioner is the wife and the respondent is the husband, and the marriage between the petitioner and the respondent was solemnized on 17.08.2018 at Trichy. From the wedlock, a male child, namely Santino Joshva Arul, was born, who is aged about five years as of today.

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5. The learned counsel for the petitioner would submit that the petitioner/wife is the resident of Anuppanadi at Madurai District. The respondent/husband has initiated the proceeding seeking divorce in I.D.O.P.No.31 of 2024 before the Family Court, Trichy.

6. He further submits that the petitioner/wife finds it very difficult to travel from Madurai to Trichy for every hearings along with the 5 year old child and therefore, she seeks transfer of proceeding from the file of the Family Court, Trichy to the file of the Family Court, Madurai.

7. The learned counsel for the respondent has not raised any serious objections.

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

9. The learned Judge, Family Court, Trichy is directed to transmit the entire records pertaining to the case in I.D.O.P.No.31 of 2024 within a period of two weeks from the date of receipt of a copy of this order to the Page No 3 of 5

Family Court, Madurai, and on receipt of such records, the learned Judge, Family Court, Madurai is directed to take the case on file and dispose of the same in accordance with law.

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

13.08.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The learned Judge, Family Court, Trichy 2.The learned Judge, Family Court, Madurai and C.M.P.(MD)No.3432 of 2024 13.08.2024 Page No 5 of 5