Rinobanu v. Abdul Rahman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) No.4168 of 2023 Rinosbanu ... Petitioner Vs.

Abdul Rahman ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw and transfer the case in O.S.No.167 of 2022 pending on the file of the Principal District Munsif Court, Virudhachalam to the file of the District Munsif Court, Pudukkottai.

For Petitioner : Mr.B.Sekar For Respondent : No appearance ******

O R D E R

Notice being served on the sole respondent and name being printed in the cause list, there is no representation on behalf of the respondent. Page No. 1 of 4

2. This Transfer Civil Miscellaneous Petition has been filed to transfer O.S.No.167 of 2022 from the Principal District Munsif Court, Virudhachalam to the District Munsif Court, Pudukkottai.

3. The learned counsel for the petitioner has drawn attention to Paragraph Nos.12, 13 & 14 of the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, wherein, the petitioner has stated as follows:-

12. I further submit that I am residing with my age old parents. My parents are suffering from various ailments and there is no one take care of my parents except me.

13. I further submit that it is very difficult for me to travel from Pudukottai to Virudhachalam which is around 250 kms. Due to the persistent threat and also lack of male support from my family, I am unable to travel independently. If the case in O.S.No.167 of 2022 before the Hon'ble Principal District Munsif Court, Virudhachalam is not ordered to be transferred to the District Munsif Court, Pudukootai, I will be put to irreparable loss and hardship.

14. I further state that I am not able to travel for more than 250 km and it is very difficult for me to engage a counsel at Virudhachalam. I am having very good chances of success in this transfer application.

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4. Being satisfied with the above reasons, I am inclined to allow this Transfer Civil Miscellaneous Petition. Therefore, O.S.No.167 of 2022 is directed to be transferred from the Principal District Munsif Court, Virudhachalam to the District Munsif Court, Pudukkottai.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost. Consequently, connected Miscellaneous Petition is closed.

15.06.2023 NCC : Yes / No Internet: Yes/No Index: Yes/ No jen To 1.The Principal District Munsif Court, Virudhachalam.

2.The District Munsif Court, Pudukkottai.

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C.SARAVANAN, J.

jen and C.M.P.(MD) No.4168 of 2023 15.06.2023 Page No. 4 of 4