P. Sobia v. A. Jeyaraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.3125 of 2023 P.Sobia

...Petitioner/

Respondent Vs.

A.Jeyaraj

...Respondent/

Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in IDOP.No.1036 of 2022 on the file of the Family Court, Theni and to transfer the said case to the Principal District Court, Srivilliputhur. For Petitioner : Mr.B.Muthukarthikeyan For Respondent : No Appearance

ORDER

The present transfer civil miscellaneous petition has been filed to transfer I.D.O.P.No.1036 of 2022 from the file of the Family Court, Theni to the file of the Principal District Court, Srivilliputhur. 1/4

2. Though the respondent has been served, there is no appearance either in person or through counsel. The name of the respondent is also printed in the cause list.

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

" 7. I further submit that I am living under the roof of my aged old parents and moreover my son is aged about 2 years only. I am having difficulty to travel from Srivilliputhur to Theni. Moreover the respondent is having money and muscle power. Further the divorce case filed by me is pending before the Principal District Court, Srivilliputhur.Hence, I am filing the present application to transfer the case from Family Court, Theni to Principal District Court, Srivilliputhur. If the above said application is not allowed, I will be put into irreparable loss and hardships."

4. Considering the above, I am inclined to allow the present Transfer Civil Miscellaneous Petition. Thus, the present Transfer Civil Miscellaneous Petition stands allowed by transferring I.D.O.P.No.1036 of 2022 from the file of the Family Court, Theni to the file of the Principal District Court, Srivilliputhur. No costs. Consequently, connected miscellaneous petition is closed.

12.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 2/4

To 1.The Family Court, Theni.

2.The Principal District Court, Srivilliputhur.

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

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C.SARAVANAN ,J.

SN 12.04.2023 4/4