Daisy Rani v. Sathishraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) No.4221 of 2023 Daisy Rani ... Petitioner Vs.

Sathishraj ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to pass orders to withdraw the case in I.D.O.P.No.102 of 2022 on the file of the Family Court, Mannargudi, Thiruvarur District and transfer the same to the Principal District Court, Thanjavur District.

For Petitioner : Mr.S.Ramesh Kumar For Respondent : No appearance ******

O R D E R

Notice being served on the sole respondent and name being printed in the cause list, there is no representation on behalf of the respondent. Page No. 1 of 4

2. This Transfer Civil Miscellaneous Petition has been filed to transfer I.D.O.P.No.102 of 2022 from the Family Court, Mannargudi, Thiruvarur District to the Principal District Court, Thanjavur District.

3. In the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, the petitioner has stated as follows:-

11. I state that on 06.07.2022, I received a summon from the Hon'ble Family Court, Mannargudi, Thiruvarur District and asked to appear on 06.08.2022 before the Hon'ble Family Court, Mannargudi, Thiruvarur District. I state that no I am living in Thanjavur District and I am taking care of my aged parents.

12. I state that the total travel distance from Thanjavur to Mannargudi, Thiruvarur up and down is 60 Kilometers, I state that I am not able to travel for case hearings, I state that now I am not working, I state that I am not able to travel and attend the case in Hon'ble Family Court, Mannargudi, Thiruvarur District for I.D.O.P.No.102 of 2022.

13. I state that I am having permanent address in Thanjavur District, I state that if the case is transferred to the Hon'ble Principal District Court, Thanjavur District or any combined court in Thanjavur District, I will be able to attend the court proceeding, Therefore I Page No. 2 of 4

have no other effective, efficacious, and alternative remedy except approaching this Hon'ble Court under Section 24 of Civil Procedure Code.

4. Being satisfied with the above reasons, I am inclined to allow this Transfer Civil Miscellaneous Petition. Therefore, I.D.O.P.No.102 of 2022 is directed to be transferred from the Family Court, Mannargudi, Thiruvarur District to the Principal District Court, Thanjavur District.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost. Consequently, connected Miscellaneous Petition is closed.

15.06.2023 NCC : Yes / No Internet: Yes/No Index: Yes/ No jen To 1.The Family Court, Mannargudi, Thiruvarur District.

2.The Principal District Court, Thanjavur District.

Page No. 3 of 4

C.SARAVANAN, J.

jen and C.M.P.(MD) No.4221 of 2023 15.06.2023 Page No. 4 of 4