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Madras High CourtTR CMP(MD)/196/2023allowed

Brammasakthi v. Jagadeeswaran

2024-02-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.4225 of 2023 Brammasakthi ... Petitioner/Petitioner Vs.

Jegadeeswaran ... Respondent/Respondent PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.751 of 2022 on the file of Learned Family Court, Madurai and transfer the same to the file of Learned Family Court, Thoothukudi.

For Petitioner : Mr.A.Mohamed Haneef For Respondent : No Appearance

ORDER

This Petition has been filed seeking to withdraw the H.M.O.P.No. 751 of 2022 on the file of Learned Family Court, Madurai and transfer the same to the file of Learned Family Court, Thoothukudi. 1/4

2.The brief facts are as follows:

The marriage between the parties was solemnized on 14.05.2021. At the time of marriage, the petitioner's parents gave 12 sovereigns of gold articles and household articles worth about a sum of Rs.1 lakhs. The respondent is in the habit of chain smoker and consuming alcohol daily. Therefore, seeking divorce, the petitioner filed the above said H.M.O.P. before the Family Court, Madurai. At the time of filing she was residing temporarily in Madurai. Now, she is residing at Thoothukudi in her parent's house. Hence, she is unable to conduct the trial in Madurai. Hence, he seeks transfer of the same to Thoothukudi. 3.Heard the learned counsel for the petitioner. Even though the respondent was served with notice, none appears on behalf of him. His name was also printed in the cause list.

4.Considering the facts and circumstances of the case and considering the convenience of the wife, the H.M.O.P.No.751 of 2022 filed by the respondent on the file of the Family Court, Madurai, is ordered to be withdrawn and transferred to the Family Court, 2/4

Thoothukudi.

5.With the above said directions, this petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 29.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judge, Family Court, Madurai.

2.The Judge, Family Court, Thoothukudi.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 29.02.2024 4/4