Kalpana v. S.Saravanakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2024

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.5975 of 2024 Kalpana .. Petitioner Vs.

S.Saravanakumar .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No.21 of 2024 on the file of the Sub Court, Manapparai, Trichy District and transfer the same to the file of the Family Court, Karur, Karur District.

For Petitioner : Mr.V.Kannan For Respondent : Mr.C.M.Arumugam

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.21 of 2024 on the file of the Sub Court, Manapparai, Trichy District and transfer the same to the file of the Family Court, Karur.

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2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 27.01.2021 at Manapparai as per Hindu Rites and Customs.

3. Due to disputes and differences, the respondent/husband has initiated the proceeding in H.M.O.P.No.21 of 2024 on the file of the Sub court, Manapparai seeking divorce.

4. The petitioner/wife is the resident of Kulithalai Taluk in Karur District. The distance between Karur and Manapparai is about 80 to 100 Kms. As the petitioner/wife is not in a position to travel such a long distance for every Court hearing, she has moved this transfer petition.

5. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

6. The learned counsel for the respondent has raised only formal objection to this transfer petition.

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7. Taking into consideration of the facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this transfer petition.

8. The learned Judge, Sub Court, Manapparai is directed to transmit the entire records pertaining to the case in H.M.O.P.No.21 of 2024 to the Family Court, Karur within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Family Court, Karur is directed to take the case on file and dispose of the same as early as possible in accordance with law.

9. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

14.08.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 3 of 4

P. VADAMALAI , J.

mkn To 1.The learned Judge, Sub Court, Manapparai, Trichy district 2.The learned Judge, Family Court, Karur, Karur District and C.M.P.(MD)No.5975 of 2024 14.08.2024 Page No 4 of 4