Sulthana Parveen, v. Syed Kasim,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.4609 of 2023 Sulthana Parveen

...Petitioner/Defendant

Vs.

Syed Kasim

...Respondent/Plaintiff

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in O.S.No.93 of 2022 on the file of the Family Court, Trichirappalli and transfer the same to the Family Court, Tiruppur.

For Petitioner : Mr.T.Vadivelan

ORDER

The present transfer civil miscellaneous petition has been filed to transfer O.S.No.93 of 2022 on the file of the Family Court, Trichirappalli to the file of the Family Court, Tiruppur.

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2. Though the respondent has been served, there is no appearance either in person or through counsel. The name of the respondent is also printed in the cause list.

3. The petitioner in her affidavit filed in support of the petition stated as follows:

" 5.I submit that in these circumstances, the respondent filed a petition in O.S.No.93 of 2023 on the file of the Family Court, Trichirappalli and sought of dissolution of marriage solemnized between myself and respondent on 30.11.2017 at S.A.Khader Salemma Marriage Hall, Tiruppur. Now I transferred from Trichy to Tiruppur District, Upplipalayam Primary Health Center on 10.11.2022. In these circumstances, I could not be able to travel to attend the case at Trichy, because I am living with my aged parents and moreover it will take more than 170 kilometers from my living place to Trichy upon down more than 300 kilometers to attend the case without help of a male member and will be occurred huge amount to meet the expenses occurred for travelling and other expenses for attending the Court to contest the vexatious litigation of the respondent for harassing me and not safe for me and my son. It is pertinent to note that other pending cases instituted by either parties were transferred by this Hon'ble Court from Trichy to Thiruppur."

4. Being satisfied with the reasons given in the affidavit filed in support of the petition, the present Transfer Civil Miscellaneous Petition stands allowed by transferring O.S.No.93 of 2022 on the file of the 2/4

Family Court, Trichirappalli to the file of the Family Court, Tiruppur. No costs. Consequently, connected miscellaneous petition is closed. 08.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Family Court, Trichirappalli.

2.The Family Court, Tiruppur.

3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN ,J.

SN 08.06.2023 4/4