S.Valliammai @ Pavithra v. R.Selvakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2024

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI S.Vallaiammai @ Pavithra .. Petitioner Vs.

1.R.Selvakumar 2.Ramachandran 3.Sulotchana 4.Umadevi .. Respondents Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in D.V.C.No.11 of 2023 on the file of the Judicial Magistrate, Singampunari and transfer the same to the file of the Judicial Magistrate, Madurai. For Petitioner : Mr.A.Ganesan For Respondents : No Appearance Page No 1 of 5

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in D.V.C.No.11 of 2023 on the file of the Judicial Magistrate, Singampunari and transfer the same to the file of the Judicial Magistrate, Madurai.

2. The petitioner is the wife and the 1st respondent herein is the husband. The 2nd, 3rd and 4th respondents are the father, mother and sister of the 1st respondent. The marriage between the petitioner and the 1st respondent was solemnized on 05.02.2018 at Kallampatti Village, Sivagangai District.

3. Due to disputes and differences, the parties have separated, and the petitioner/wife has initiated the proceeding in D.V.C.No.11 of 2023 as against these respondents on the file of the Judicial Magistrate, Singampunari.

4. The name of the respondents have been printed in the cause list. Despite the names have been printed in the cause list, the respondents have Page No 2 of 5

neither entered appearance through a counsel nor in-person to oppose this transfer petition.

5. Heard the learned counsel appearing for the petitioner.

6. The learned counsel for the petitioner would submit that the petitioner is now residing with her parents at Surya Nagar, K.Pudur, Madurai, and has also produced a copy of the Aadhaar Card to that effect, which shows that the petitioner is now residing at Surya Nagar, Madurai. The distance between K.Pudur and Singampunari is around 60 Kms. As the petitioner finds it very difficult to travel such a long distance for attending every Court hearing at Singampunari in D.V.C.No.11 of 2023 initiated by her, she seeks transfer of proceeding from the file of the Judicial Magistrate, Singampunari to the file of the Judicial Magistrate, Madurai.

7. Considering the above facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this petition.

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8. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the proceeding pending in D.V.C.No.11 of 2023 on the file of the Judicial Magistrate, Singampunari is withdrawn and transferred to the file of the Judicial Magistrate No.II, Madurai.

9. The learned Judicial Magistrate, Singampunari, Sivagangai District is directed to transmit the entire records, pertaining to the case in D.V.C. No.11 of 2023, to the file of the learned Judicial Magistrate No.II, Madurai within a period of three weeks from the date of receipt of a copy of this order. On receipt of such records, the learned Judicial Magistrate No.II, Madurai is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law. 06.09.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The learned Judicial Magistrate, Singampunari, Sivagangai District 2.The learned Judicial Magistrate No.II, Madurai 06.09.2024 Page No 5 of 5