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Madras High CourtTR CMP(MD)/189/2025allowed

V. Prabha v. K.Krishnan

2025-04-08Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.4830 of 2025 V.Prabha ... Petitioner Vs.

K.Krishnan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in F.C.O.P.No.600 of 2024 on the file of the Family Court, Erode and transfer the same to the file of the Sub Court at Usilampatti, Madurai District. For Petitioner : Mr.R.Muthukumaran For Respondent : Mr.B.Arun

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the case in F.C.O.P.No.600 of 2024 from the file of the Family Court, Erode and transfer the same to the file of the Sub Court, Usilampatti, Madurai District. 1/5

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 05.02.2018 at Shri Janani Thirumana Mandapam, Kinathukadavu, Veerappan Sathiram, Erode District as per Hindu rites and customs. Out of wedlock, they blessed with a male child named P.K.Paari, now aged about 5 years. Due to misunderstanding between the parties, they have separated and the respondent/husband has filed the petition in F.C.O.P.No.600 of 2024 before the Family Court, Erode, for restitution of conjugal rights.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4. The learned counsel for the petitioner submitted that the petitioner is residing at Mekkilarpatti Village, Usilampatti Taluk. The distance between the petitioner's place of residence and Erode is 210 km, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance to attend every Court hearing at Erode. Hence, she seeks to transfer the case as prayed for. 2/5

5. The learned counsel for the respondent would submit that the case may be transferred from the Family Court, Erode to the Family Court, Madurai, for which the learned counsel for the petitioner has not raised any objection.

6. Since both parties have agreed to transfer the case from the file of the Family Court, Erode to the file of the Family Court, Madurai, this Transfer Civil Miscellaneous Petition is allowed accordingly and the case in F.C.O.P.No.600 of 2024 pending on the file of the Family Court, Erode, is hereby withdrawn and transferred to the file of the Family Court, Madurai.

7. The learned Judge, Family Court, Erode, is directed to transmit the entire records pertaining to the case in F.C.O.P.No.600 of 2024 to the Family Court, Madurai, within a period of three weeks from the date of receipt of a copy of this order. On receipt of records, the learned Judge, Family Court, Madurai, is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law. No costs. Consequently, the connected Miscellaneous Petition is closed.

08.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD 3/5

To 1.The Family Court, Erode.

2.The Family Court, Madurai.

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

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P.VADAMALAI , J.

VSD Order made in and C.M.P(MD)No.4830 of 2025 08.04.2025 5/5