Madras High CourtTR CMP(MD)/175/2022dismissed

Lavanya Murugesan, v. Deepan Ilangkamban Ramesh,

2023-04-18Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2023

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Tr.CMP(MD)No.175 of 2022 & C.M.P.(MD)No.3143 of 2022 Lavanya Murugesan ... Petitioner Vs.

Deepan Ilangkamban Ramesh

...Respondent

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.2088 of 2021 on the file of the Sub Court, Alandur and transfer the same to the file of the Family Court, Madurai.

For Petitioner :

Mr.S.Sarvagan Prabhu For Respondent :

Mr.J.Saravanavel

ORDER

The petitioner has filed this Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.2088 of 2021 on the file of the Sub Court, Alandur to the file of the Family Court, Madurai.

2. It appears that the parties have decided to opt for divorce by mutual consent.

3. It is the case of the petitioner that the petitioner lived with the respondent only for a period of two months and thereafter, the respondent left to Germany and he is still staying in Germany. It is submitted that the petitioner is depending on her parents and is residing in Madurai. It appears that the petitioner has also filed a complaint before the All Women Police station, Thiruparankundram, Madurai in Crime No.26 of 2021.

4. Since the parties have already decided to resolve the dispute by dissolving the marriage by mutual consent, I do not find any reason to allow this Transfer Civil Miscellaneous Petition at this stage. Therefore, the Transfer Civil Miscellaneous Petition is dismissed. It is made clear that the respondent shall bear all the expenses for boarding and lodging of the petitioner as and when the petitioner is required to travel to Chennai in connection with the above H.M.O.P. The learned Sub Judge, Alandur is directed to dispose of H.M.O.P.No.2088 of 2021 as expeditiously as possibly, preferably within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. 18.04.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

C.SARAVANAN , J.

mbi 18.04.2023