Madras High CourtTR CMP(MD)/221/2021ordered

K.Kanmani v. R.Selvaraj

2021-06-17Honourable Mr Justice A.A.Nakkiran2 pages

Tr.C.M.P.(MD) No.221 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.221 of 2021 and C.M.P.(MD)No.4261 of 2021 K.Kanmani ... Petitioner/Respondent -vsR.Selvaraj ... 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.607 of 2021 from the file of the Family Court, Coimbatore and to transfer the same to the file of the Family Court, Madurai. For Petitioner : Mr.G.Mohan Kumar For Respondent : No appearance

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.607 of 2021 from the file of the Family Court, Coimbatore and to transfer the same to the file of the Family Court, Madurai.

2.The respondent/ husband has filed H.M.O.P.No.607 of 2021 before the Family Court, Coimbatore, for dissolution of marriage.

3. The learned counsel for the petitioner submitted that the petitioner is residing at Madurai with her age old mother and she is having 2 months child. The distance between Madurai to Coimbatore is about 230 km and it takes more than 5 hours to travel. In such circumstances, the petitioner could not able to travel from Madurai to Coimbatore for attending every hearing in H.M.O.P.No.607 of 2021 on the file of the Family Court, Coimbatore.

4.Though the name of the respondent is printed in the cause list, the respondent has not chosen to appear either in person or through counsel duly instructed.

5. This Court considered the arguments made by the learned counsel for the petitioner.

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Tr.C.M.P.(MD) No.221 of 2021

6. This Court is satisfied with the reasons stated in the affidavit filed in support of this petition.

7. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner, H.M.O.P.No.607 of 2021 is withdrawn from the file of the Family Court, Coimbatore and transferred to the file of the Family Court, Madurai for disposal as per law. The Judge, Family Court, Coimbatore, is directed to transmit the papers to the Family Court, Madurai, forthwith. The Judge, Family Court, Madurai, is directed to dispose H.M.O.P.No.607 of 2021 on merits and in accordance with law as expeditiously as possible.

8. In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) Msa/cp To:

1. The Judge, Family Court, Coimbatore, 2.The Judge, Family Court, Madurai.

+1 CC to M/s.G.MOHAN KUMAR, Advocate ( SR-19632[F] dated 18/06/2021 ) Order made in Tr.C.M.P.(MD) No.221 of 2021 and C.M.P.(MD)No.4261 of 2021 Dated:

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