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Madras High CourtTR CMP(MD)/173/2023allowed

S. Preethi, v. K.K. Ramesh,

2023-06-21Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Tr.C.M.P.(MD) No.173 of 2023 and CMP(MD)No.3780 of 2023 S.Preethi ... Petitioner/Respondent -vsK.K.Ramesh ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.71 of 2023 from the file of Family Court, Tiruchirappalli and to transfer the same to the file of the Principal Subordinate Court, Kumbakonam.

For Petitioner : Mr.T.R.Subramanian For Respondent : Mr.S.Poornachandran

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.71 of 2023 on the file of Family Court, Tiruchirappalli and transfer the same to the Principal Subordinate Court, Kumbakonam. 1 / 5

2.The learned counsel for the respondent would submit that there is scope for re-union and he further submits that the case may be transferred to Thanjavur. 3.The fact remains that the petitioner is a resident of Kumbakonam in Thanjavur District and taking care of child and dependant on her parents. It appears that the child is also studying in A.R.R.S.L. Vidhyashraam Senior Secondary School, Kukmbakonam.

3.Considering the above, this Court is inclined to transfer H.M.O.P.No.71 of 2023 from Family Court, Thiruchirappalli, to Principal Sub Court, Kumbakonam. The learned Principal Sub Judge, Kumbakonam, shall endeavour refer the parties in H.M.O.P.No.71 of 2023 to mediation on it being renumbered and thereafter proceed to dispose the proceedings if the mediation fails as expediously as possible preferably within a period of 9 months from the date of receipt of a copy of this order.

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4.With the above observation, this Transfer Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 21.06.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Mrn To:

1.The Judge, Family Court, Thiruchirappalli.

2. The Principal Sub Judge, Kumbakonam.

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C.SARAVANAN, J.

Mrn Order made in Tr.C.M.P.(MD) No.173 of 2023 and CMP(MD)No.3780 of 2023 Dated:

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