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Madras High CourtTR CMP(MD)/153/2023allowed

Sahayarani v. S. Karthickraja

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 and C.M.P.(MD)No.3429 of 2023 Sahayarani, W/o.Karthickraja .. Petitioner

Versus

S.Karthickraja, S/o.Suresh .. Respondent Prayer :- Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.52 of 2023, on the file of the Family Court, Thiruvallur, and transfer the same to the Sub Court, Kodaikanal.

For Petitioner :

Mr.R.Mohanasundaram for Ms.A.Jeyalakshmi For Respondent :

No Appearance

ORDER

The petitioner has filed this Transfer Civil Miscellaneous Petition seeking to transfer H.M.O.P.No.52 of 2023, pending on the file of the Family Court, Thiruvallur, to the file of the Sub Court, Kodaikanal.

2. Today, when the matter is taken up for hearing, there is no representation on behalf of the respondent, despite service of notice on the respondent and his name is also printed in the cause list.

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3. In Paragraph Nos.21 and 22 of the affidavit filed in support of this Petition, the petitioner has stated as follows:- ''21. I state that the total travel distance from Kodaikanal to Thiruvallur is 368 Kilometers, eight hour's travel, I state that I am not able to travel for the case hearing, I state that now I am not working, I state that I am not able to travel and attend the case in the Hon'ble Family Court at Thiruvallur in H.M.O.P No. 52 of 2023.

22. I state that I am having permanent address in Kodaikanal, I state that if the case is transferred to Kodaikanal sub court, I will be able to attend the Court proceeding, Therefore I have no other effective, efficacious, and alternative remedy except approaching this Hon'ble Court under Section 24 of Civil Procedure Code.''

4. Considering the above, there shall be a direction to the learned Judge, Family Court, Thiruvallur, to transfer H.M.O.P.No.52 of 2023, to the Sub Court, Kodaikanal, Dindigul District.

5. This Transfer Civil Miscellaneous Petition stands allowed with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 18.04.2023 Index : Yes/No Internet : Yes/No smn2 2/4

To 1.The Judge, Family Court, Thiruvallur.

2.The Sub Judge, Kodaikanal, Dindigul District.

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C.SARAVANAN, J.

smn2 Order made in 18.04.2023 4/4