Sophia v. N. Karthick

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and C.M.P. (MD) No. 4074 of 2024 Sophia ... Petitioner / Petitioner -vsN.Karthik ... Respondent / Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw the case in H.M.O.P. No. 1164 of 2023 on the file of the learned Family Court, Madurai and transfer the same to the Family Court, Theni.

For Petitioner : Mr. K.Rajeshwaran For Respondent : Mr. C.Senthil Murugan

O R D E R

This application for transfer of the case invoking Section 24 of the Code of Civil Procedure, 1908, has been filed relating to a matrimonial dispute between the parties. The Husband, viz., N.Karthick has filed H.M.O.P. No. 1164 of 2023 in the Family Court, Madurai, seeking for divorce from his Wife, 1/4

viz., Sophia, which is sought to be transferred by the Wife to the Family Court, Theni.

2.

Heard Mr. K.Rajeshwaran, Learned Counsel for the Wife and Mr. C.Senthil Murugan, Learned Counsel for the Husband and perused the materials placed on record, apart from the pleadings of the parties. 3.

It is the case of the Wife that she would have to travel a distance of more than 60 kms from Aundipatti, Theni District to the Family Court, Madurai to effectively defend the case filed against her by the Husband. 4.

In order to expedite the disposal of the pending case, it is agreed that instead of transferring it, the Husband would pay the costs in advance that may be determined by the Family Court, Madurai, for the travel of the Wife whenever her personal appearance is required in the case. In respect of other hearings, the Wife shall be entitled to appear through video-conferencing facility in the Trial Court, if she is not able to attend physically. The counsel appearing for the Wife and the Husband have made an endorsement accepting the aforesaid arrangement to be followed by the parties for the proper conduct of case before the Trial Court. Consequently, both parties shall appear before 2/4

the Family Court, Madurai, for conduct of further proceedings from its present stage and on the subsequent dates to which it is adjourned from time to time on the aforesaid terms till final order is passed. In the result, the Transfer Civil Miscellaneous Petition is disposed. Further, the connected Miscellaneous Petition is closed. No costs. 17.04.2024 Index : Yes/No Internet : Yes/No TSG To

1. The Family Court, Madurai.

2. The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

3. Sophia, D/o. Boominathan, School Street, Ganeshapuram, Kandamanoor, Aundipatti, Theni District.

4. N. Karthick, S/o. Nallasundhan, D.D.Main Road, Arapalayam, 36, Agarwal Eye Hospital Opp, Madurai District-625 016.

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P.D. AUDIKESAVALU, J.

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