Kalanjiyarani @ Devi (26) v. Rameshkumar (30)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2016

CORAM:

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P(MD)No.490 of 2015 and C.M.P.(MD)No.1 of 20165 Kalanjiyarani @ Devi ... Petitioner Vs.

Rameshkumar ... Respondent PRAYER:Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.80 of 2015 on the file of the Family Court, Sivagangai to the file of Sub Court, Ramanathapuram. For Petitioner : Mr.D.Balamurugapandi For Respondent : Mr.V.R.Shanmuganathan

O R D E R

The Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.80 of 2015 on the file of the Family Court, Sivagangai to the file of Sub Court, Ramanthapuram.

2.The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 04.09.2014 and they were blessed with a female child on 07.07.2015. Due to some dispute, both the husband and wife are living separately. Whileso, the respondent filed a petition in H.M.O.P.No.80 of 2015 before the Family Court, Sivagangai, for divorce by making various false allegations. At present, the petitioner and her child are living with her parents at Ramanathapuram. Therefore, it is very difficult for her to travel each and every hearing to attend the case in H.M.O.P.No.80 of 2015. The petitioner is depending on her parents for day to day expenses including travel expenses. Therefore, she has come out with the present petition for transfer.

3.The respondent has filed counter affidavit stating that the petitioner filed a petition in M.C.No.1 of 2016 before the Chief Judicial Magistrate, Ramanathapuram for maintenance. When the mother of the respondent attended the Chief Judicial Magistrate, Ramanathapuram, she was abused and threatened by the family members of the petitioner and hence, a complaint has been lodged before the respondent Police.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the submissions made on either side, there is a life threat to the respondent at the hands of the petitioner and

her family members and considering the facts and circumstances of the case, this Transfer Civil Miscellaneous Petition is ordered and H.M.O.P.No.80 of 2015 on the file of the Family Court, Sivagangai is hereby withdrawn and transferred to the file of the Sub Court, Paramakudi. The Family Court, Sivagangai is directed to send the case bundles in H.M.O.P.No.80 of 2015 to the Sub Court, Paramakudi. No costs. Consequently, M.P.is closed. Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

To 1.The Subordinate Judge, Paramakudi.

2.The Judge, Family Court, Sivagangai.

+1 cc to Mr.D.Balamurugapandi, Advocate, SR No.16110 +1 cc to Mr.V.R.Shanmuganathan, Advocate, SR No. 16115 RG.JGB-DP/ 20.04.2016 2P.5C Tr.C.M.P.(MD)No.490 of 2015 22.03.2016 https://hcservices.ecourts.gov.in/hcservices/