Santha v. N.Ramasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.3874 of 2022 Santha, D/o.Thangapandi .. Petitioner

Versus

N.Ramasamy .. Respondent Prayer :- Petition filed under Section 24 of C.P.C., to withdraw and transfer H.M.O.P.No.25 of 2020, on the file of the Family Court, Coimbatore, to the file of the Subordinate Court, Tuticorin, Tuticorin District. For Petitioner :

Mr.Ka.Raamakrishnan For Respondent :

No Appearance

ORDER

The petitioner has filed this Transfer Civil Miscellaneous Petition seeking to transfer H.M.O.P.No.25 of 2020, on the file of the Family Court, Coimbatore, to the file of the Subordinate Court, Tuticorin, Tuticorin District. 2.Today, when the matter was taken up for hearing, there is no representation on behalf of the respondent, though the respondent has entered appearance through counsel.

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3.In the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, the petitioner has stated as follows:- ''3. I submit that I am residing in the above mentioned address with my uncle presently for my livelihood, and there is nobody to support me physically and financially except my uncle and I am depending on my aged uncle and from Tuticorin to Coimbatore it is almost 450 Kms and I cannot travel for every hearing and I don't have sufficient income also for travelling every time and my uncle also unable to afford for the same and hence transferring the HMOP 25/2020on the file of the Family Court, Coimbatore to the Sub-Ordinate Court, Tuticorin, is highly necessary.'' 4.Being satisfied with the reasons given, this Court is inclined to allow this Petition, by directing transfer of H.M.O.P.No.

25 of 2020, pending on the file of the Family Court, Coimbatore, to the file of Subordinate Court, Tuticorin, Tuticorin District. The learned Subordinate Judge, Tuticorin, shall dispose H.M.O.P.No.25 of 2020, on it being re-numbered, as expeditiously as possible. 5.This Transfer Civil Miscellaneous Petition stands allowed with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 13.06.

To 1.The Judge, Family Court, Coimbatore 2.The Subordinate Judge, Tuticorin, Tuticorin District.

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C.SARAVANAN, J.

smn2 Order made in 13.06.2023 4/4