S. Aishwarya v. Harishkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN S.Aishwarya ... Petitioner Vs.

Harishkumar ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, 1908, to withdraw the case in H.M.O.P.No.158 of 2022, from the file of the Family Court, Tiruvarur at Mannargudi and consequently transfer the same to the file of the Family Court, Thanjavur. For Petitioner : Mr.M.Dinesh Hari Sudarsan For Respondent : Mr.K.Prabakaran ******

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to transfer the case in H.M.O.P.No.158 of 2022 from the file of the Family Court, Tiruvarur at Mannargudi to the file of the Family Court, Thanjavur. Page No. 1 of 4

2. The learned counsel for the respondent submits that the respondent is residing at Thiruthuraipoondi, Tiruvarur District while the petitioner is residing at Thanjavur. It is submitted that both the petitioner and the respondent are employees in I.T. Sector and are working in Bangalore and therefore, there is no merits in the present Civil Revision Petition.

3. The learned counsel for the petitioner on the other hand submits that although the petitioner is working in an I.T. Company, Bangalore, she is working from home in Thanjavur. It is submitted that on an every occasion of trial, the petitioner is required to take her parents along with her to the Family Court, Tiruvarur at Mannargudi and therefore it is inconvenient for the petitioner to travel to the Family Court, Tiruvarur at Mannargudi.

4. On the other hand, the learned counsel for the respondent submits that the distance between the residence of the petitioner and the Family Court, Tiruvarur at Mannargudi is only 34 kms and therefore there is no merits in the present Civil Revision Petition. Page No. 2 of 4

5. I have considered the arguments advanced by the learned counsel for the petitioner and the learned counsel for the respondent.

6. Both the petitioner and the respondent are stated to be working in I.T. Company at Bangalore though it is the case of the petitioner that she is working from home in Thanjavur. The transfer of H.M.O.P.No.158 of 2022 from the Family Court, Tiruvarur at Mannargudi to the Family Court, Thanjavur will make no difference for the respondent as the respondent is working in Bangalore.

7. Considering the above, I am inclined to allow this Transfer Civil Miscellaneous Petition. Therefore, H.M.O.P.No.158 of 2022 is directed to be transferred from the file of the Family Court, Tiruvarur at Mannargudi to the file of the Family Court, Thanjavur.

8. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost.

05.06.2023 Internet: Yes/No Index: Yes/ No jen Page No. 3 of 4

C.SARAVANAN, J.

jen To

1. Family Court, Mannargudi, Tiruvarur District.

2.The Family Court, Thanjavur.

05.06.2023 Page No. 4 of 4