M.Kalaiselvi v. R.Pandeeswaran

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)Nos.3855 and 4537 of 2024 M.Kalaiselvi ... Petitioner/Respondent in both petitions vs.

R.Pandeeswaran ... Respondent/ Petitioner in both petitions Prayer in TR.C.M.P(MD)No.174 of 2024:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in G.W.O.P.No.191 of 2022 on the file of the Principal District Judge, Madurai and transfer the same to the file of the Family Court, Namakkal. Prayer in TR.C.M.P(MD)No.208 of 2024:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.232 of 2022 on the file of the III Additional Sub Court, Madurai and transfer the same to the file of the Family Court, Namakkal.

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In both petitions:

For Petitioner : Mr.N.Shyllappakalyan For Respondent : No Appearance COMMON ORDER These Transfer Civil Miscellaneous Petitions are filed by the same petitioner/wife as against the same husband. 2.Heard the learned counsel appearing on behalf of the petitioner. Eventhough notice is served, the respondent/husband has not appeared before this Court.

3.As far as the prayer in TR.CMP(MD)No.174 of 2024 is concerned, the same is to transfer the case in GWOP No.191 of 2022 on the file of the Principal District Judge, Madurai to the file of the Family Court, Namakkal. It is seen that the minor is ordinarily residing now in Namakkal only with that of the petitioner/wife. Therefore, as per Section 9 of the Guardians and Wards Act, it is just and necessary that the case shall be proceeded in the said Court alone. As far as the TR.CMP(MD)No.208 of 2024 is concerned, the same is to withdraw the case in HMOP No.232 2/4

of 2022 on the file of the III Additional Sub Court, Madurai to the file of the Family Court, Namakkal.

4.Considering the fact that the wife is pleading hardship finding it difficult to travel from Namakkal to Madurai and considering the fact that the GWOP is also now being transferred to Namakkal, these petitions are ordered as prayed for.

5.In the result, both the Transfer Civil Miscellaneous Petitions are ordered on the following lines:

(i) GWOP No.191 of 2022 is withdrawn from the file of the learned Principal District Judge, Madurai to the file of the Family Court, Namakkal;

(ii) HMOP No.232 of 2022 is also withdrawn from the file of the III Additional Sub Court, Madurai and transferred to the file of the Family Court, Namakkal.

No costs. consequently, connected miscellaneous petitions are closed.

03.07.2024 NCC : Yes / No sji 3/4

D.BHARATHA CHAKRAVARTHY, J.

sji To 1.The Principal District Judge, Madurai.

2.The Family Court, Namakkal.

3.The III Additional Sub Court, Madurai.

and C.M.P.(MD)Nos.3855 and 4537 of 2024 03.07.2024 4/4