Suganya, v. Velmurugan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) No.4723 of 2023 Suganya ... Petitioner Vs.
Velmurugan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the H.M.O.P.No.15 of 2023 from the file of the Family Court, Karur and transfer the same to the file of the Sub Court, Vedasandur.
For Petitioner : Mr.B.Azhagesh For Respondent : Mr.P.Samuel Gunasingh ******
O R D E R
Transfer Civil Miscellaneous Petition has been filed to transfer the H.M.O.P.No.15 of 2023 from the file of the Family Court, Karur to the file of the Sub Court, Vedasandur.
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2. In the affidavit filed in support the present Transfer Civil Miscellaneous Petition, the petitioner has stated as follows:-
5. I submit that the respondent did not pay any amount for maintenance to me and as a lady I am not in a position to travel to attend the case by travelling more than 70 kilometers along with the help of my aged parents. It is pertinent to note that the respondent and his family members are politically influenced persons in their locality with money and muscle power and it is difficult for me to attend each and every hearing of the case before the Family Court, Karur since there is a life threat to me at the hands of the respondent and his relatives as they have already threatened me not to appear in the court to attend the court proceedings.
6. In the above said circumstances, I file this petition to transfer the above case to the file of Sub Court, Vedasandur. The respondent will not be prejudiced in any manner if the case is transferred as he can travel to Vedasandur and attend the case but on the other hand I will be put to irreparable loss and immense hardship if the case is not transferred, since the respondent is not paying any amount for maintenance and I am also financially not in a position to meet out the expenses of my life and for attending the case at Karur.
3. Being satisfied with the above reasons, I am inclined to allow this Transfer Civil Miscellaneous Petition. Therefore, H.M.O.P.No.15 of Page No. 2 of 4
2023 is directed to be transferred from the file of the Family Court, Karur to the file of the Sub Court, Vedasandur.
4. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost. Consequently, connected Miscellaneous Petition is closed.
16.06.2023 NCC : Yes / No Internet: Yes/No Index: Yes/ No jen To 1.The Family Court, Karur.
2.The Sub Court, Vedasandur.
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C.SARAVANAN, J.
Jen and C.M.P.(MD) No.4723 of 2023 16.06.2023 Page No. 4 of 4