Madras High CourtTR CMP(MD)/160/2023allowed

Shanmugathai v. Ravichandran

2023-06-30Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) Nos.3543 & 3544 of 2023 Shanmugathai ... Petitioner Vs.

Ravichandran ... Respondent Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to pass an order to transfer the case in H.M.O.P.No.1 of 2023 on the file of the Sub Court, Paramagudi, to the file of the Family Court, Srivilliputhur.

For Petitioner : Mr.N.Balasubramanian For Respondent : No appearance

O R D E R

The court notice served on the sole respondent was returned with an endorsement 'Left'. Therefore, an opportunity was given to the petitioner to serve notice on the counsel who appears for the respondent before the Page No. 1 of 4

Sub Court, Paramagudi in H.M.O.P.No.1 of 2023 and the notice has been served on the lower court counsel. Though the name of the lower court counsel was printed in the cause list, there is no representation on behalf of the respondent.

2. This Transfer Civil Miscellaneous Petition has been filed to transfer H.M.O.P.No.1 of 2023 from the Sub Court, Paramagudi, to the Family Court, Srivilliputhur.

3. In the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, the petitioner has stated as follows:-

5. I submit that the said case pending before the Sub Court, Paramagudi. I am living with my aged Parents and depend them for my livelihood and my child. Further, I could not able to proceed anywhere without the assistance of somebody as I am not often used to go anywhere. I am not able to appear before the court by travelling such a long distance nearly 180 k.ms (from Rajapalayam to Paramagudi).

4. Being satisfied with the above reasons, I am inclined to allow this Transfer Civil Miscellaneous Petition. Therefore, H.M.O.P.No.1 of Page No. 2 of 4

2023 is directed to be transferred from the Sub Court, Paramagudi, to the Family Court, Srivilliputhur.

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

30.06.2023 NCC : Yes / No Internet: Yes/No Index: Yes/ No jen To 1.The Sub Court, Paramagudi .

2.The Family Court, Srivilliputhur.

Page No. 3 of 4

C.SARAVANAN, J.

jen and C.M.P.(MD) Nos.3543 & 3544 of 2023 30.06.2023 Page No. 4 of 4