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Madras High CourtTR CMP(MD)/228/2024allowed

V.Padmavathi v. S.Sudher

2024-07-18Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)No.5077 of 2024 V.Padmavathi ... Petitioner/Respondent Vs.

S.Sudher

...Respondent/Petitioner/

The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the O.P.No.39 of 2024 on the file of the Family Court, Kanyakumari at Nagercoil and transfer the same to the file of the Family Court, Trichy.

For Petitioner :Mr.T.Leninkumar For Respondent :Mr.V.Sugumar

ORDER

The petition is filed by the wife praying to withdraw the O.P.No.39 of 2024 on the file of the Family Court, Kanyakumari at Nagarcoil, to the file of the Family Court, Trichy.

2.It is the case of the petitioner/wife that she is now residing at Manachanalloor along with her parents within the jurisdiction of the Family Court, Trichy and is also taking care of her tender child aged 4 years. 3.The learned counsel appearing for the respondent would submit that the parents of the petitioner are very powerful and the petitioner would face threat, if he attends the Court at Trichy..

4.I have considered the submissions made on either side and perused the material records of the case.

5.Upon perusing the affidavit, it can be seen that the wife is pleading hardship. On the other hand, the threat perception expressed by the learned counsel for the respondent, can be redressed that if there is any threat while attending the proceedings, the same shall be appropriately brought to the notice of the Presiding Officer of the Family Court, Trichy.

6.With the above observations, the Transfer Civil Miscellaneous Petition is ordered by withdrawing the O.P.No.39 of 2024 from the file of the Family Court, Kanyakumari, at Nagarcoil to the file of the Family Court, Trichirappalli. No cost. Consequently, connected miscellaneous petition is closed.

18.07.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Family Court, Kanyakumari, at Nagarcoil 2.The Family Court, Trichirappalli.

D.BHARATHA CHAKRAVARTHY, J.

Ns and C.M.P(MD)No.5077 of 2024 18.07.2024