Chitra Alias Priya v. S.Panchatcharam @ Prakash

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.5078 of 2024 Chitra @ Priya ... Petitioner/Respondent Vs.

S.Panchatcharam @ Prakash

...Respondent/Petitioner/

The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.34 of 2024 on the file of the Subordinate Court, Tambaram and transfer the same to the file of the Family Court, Trichy to be tried along with M.C.No.64 of 2023 on the file of the Family Court, Trichy.

For Petitioner :Mr.T.Leninkumar For Respondent :Mr.B.Jameel Arasu

ORDER

The prayer in the Transfer Civil Miscellaneous Petition is to withdraw the HMOPNo.34 of 2024 on the file of the Subordinate Court, Tambaram to the file of the Family Court, Trichy, to be tried along with MC.No.64 of 2023.

2.Since the other case is pending before the Family Court at Trichy and since the wife is also pleading hardship, the case can be transferred to Trichy.

3.The learned counsel for the respondent submits that all the allegations made in the MC petition as well as in the counter and in the affidavit filed in support of the present application are all false. The Court is not deciding the truth or otherwise of the allegations made in the affidavit, only considering the hardship keeping open all the contention of the parties, the Transfer Civil Miscellaneous Petition is allowed by withdrawing the H.M.O.P.No.34 of 2024 from the file of the Sub-Court, Tambaram and transfer the same to the file of the Family Court, Trichy, to be tried along with MC.No.64 of 2023. No costs. Consequently, connected miscellaneous petition is also closed.

18.07.2024 NCC:Yes/No Ns

To 1.The Subordinate Court, Tambaram.

2.The Family Court, Trichy.

D.BHARATHA CHAKRAVARTHY, J.

Ns and C.M.P(MD)No.5078 of 2024 18.07.2024