Madras High CourtTR CMP(MD)/161/2024disposed of

Raja Lakshmi v. Manikandan

2024-07-03Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P.(MD)No.3350 of 2024 Raja Lakshmi ... Petitioner/Respondent vs.

Manikandan ... Respondent/ Petitioner Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and transfer the case in HMOP No.51 of 2024 on the file of the learned Sub Court, Thiruvottiyur, Chennai District to the learned Family Court, Tirunelveli.

For Petitioner : Mr.R.Jegadeeswaran For Respondent : Mr.M.R.Sugumar

ORDER

The Transfer Civil Miscellaneous Petition is filed with a prayer to withdraw and transfer the case in HMOP No.51 of 2024 from the file of the learned Sub Court, Thiruvottiyur, Chennai District to the file of the learned Family Court, Tirunelveli.

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2.The petitioner/wife has filed this petition stating that presently, she is residing with her parents in Thatchanallur, Tirunelveli District. Therefore, pleading hardship of travelling to such a long distance, the present petition is filed.

3.Per contra, Mr.M.R.Sugumar, learned counsel appearing on behalf of the respondent would submit that the family members of the petitioner are very powerful and therefore, they are threatening the respondent when he is going all alone to Tirunelveli. 4.Mr.R.Jegadeeswaran, learned counsel for the petitioner would deny the same and submit that the said apprehension would be totally unfounded and even the family members of the respondent is also present in Tirunelveli District.

5.Be that as it may, considering the hardship expressed by both parties in travelling such a long distance, more fully considering the convenience of the petitioner/wife, this Court is inclined to transfer the 2/4

case in HMOP No.51 of 2024 on the file of the Sub Court, Thiruvottiyur, Chennai District to the file of the Family Court, Madurai. 6.In view thereof, the Transfer Civil Miscellaneous Petition is disposed of by withdrawing the case in HMOP No.51 of 2024 from the file of the Sub Court, Thiruvottiyur, Chennai District and transferring the same to the file of the Family Court, Madurai. No costs. Consequently, connected miscellaneous petition is closed.

03.07.2024 NCC : Yes / No sji To 1.The Sub Court, Thiruvottiyur, Chennai District. 2.The Family Court, Madurai.

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D.BHARATHA CHAKRAVARTHY, J.

sji and C.M.P.(MD)No.3350 of 2024 03.07.2024 4/4