G. Soundarya v. Govindaraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.3154 of 2023 G.Soundarya ... Petitioner/Respondent Vs.

Govindaraj

...Respondent/Petitioner

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the H.M.O.P.No.1 of 2023 on the file of the Family Court, Trichy and transfer the same to the file of the Family Court, Salem.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.N.Anandakumar

ORDER

The present transfer civil miscellaneous petition has been filed to transfer H.M.O.P.No.1 of 2023 from the file of the Family Court, Trichy to the file of the Family Court, Salem.

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2. The petitioner in her affidavit filed in support of the petition stated as follows:

"8. I submit that I have to travel up and down more than 280 Kms to attend a hearing before the Family Court, Trichy. If I want to go to Trichy, I have to spend Rs.1,000/- per hearing. Being a lady, I am struggling a lot to live peacefully. The respondent with an intention to harass me and also to make me to run from pillar to post, filed the above petition. Due to the attitude of the respondent, my future life is in question. In order to avoid such situation, it is just and necessary that the petition filed by the respondent may be transferred to Salem. The case is posted by 25.04.2023 for filing counter. Hence, I am left with no other option except approaching this Hon'ble Court under Section 24 of C.P.C unless and otherwise, the above proceeding is stayed I will be put to irreparable loss and hardship."

3. The present transfer civil miscellaneous petition is opposed by the learned counsel for the respondent on the ground that the petitioner's father is an influential person in Trichy, who has threatened the respondent. It appears that the respondent himself keen on rejoining with the petitioner and thus, filed H.M.O.P.No.1 of 2023.

4. Being satisfied with the reasons given in the affidavit filed in support of the petition, I am inclined to allow the present Transfer Civil Miscellaneous Petition. Thus, the present Transfer Civil Miscellaneous Petition stands allowed by transferring H.M.O.P.No.1 of 2023 from the file of the Family Court, Trichy to the file of the Family Court, Salem. In 2/4

case, the respondent apprehends any threat from the petitioner's father, it is open for the respondent to seek the help of the Police officials. No costs. Consequently, connected miscellaneous petition is closed. 24.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Family Court, Trichy.

2.The Family Court, Salem.

3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN ,J.

SN 24.04.2023 4/4