V.Anitha v. J.Vijay

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024 CORAM :

THE HON'BLE MR JUSTICE P. VADAMALAI TR.CMP(MD).No.261 of 2024 and CMP(MD).No. 5984 of 2024 V.Anitha ... Petitioner Vs.

J.Vijay ... Respondent PRAYER:- Petition filed under Section 24 C.P.C., to withdraw the FCOP.No.167 of 2024 on the file of the Family Court, Erode and transfer the same to the file of the Family Court, Karur. For Petitioner : Mr.B. Prasanna Vinoth For Respondent : No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the case in FCOP.No.167 of 2024 on the file of the Family Court, Erode and transfer the same to the file of the Family Court, Karur. 1/4

2. The facts is brief:

The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 27.03.2023, as per Hindu Rites and Customs. Due to misunderstanding between the petitioner and the respondent, the petitioner left the matrimonial home. Thereafter, the respondent filed FCOP.No. 167 of 2024 before the Family Court, Erode for divorce. Now, the petitioner is residing with her parents at Karur District. The distance between Karur and Erode is approximately 200 kilometers and it is very difficult for the petitioner to travel each and every hearing to attend FCOP.No.167 of 2024, before the Family Court, Erode. In the above circumstances, she filed the present Transfer Civil Miscellaneous Petition to withdraw and transfer the case in FCOP.No.167 of 2024 on the file of the Family Court, Erode to the file of the Family Court, Karur.

3. Heard the learned counsel for the petitioner. Even though the notice was served upon the respondent, he has not chosen to appear before this Court either in person or through counsel.

4. Being satisfied with the reasons stated in the affidavit filed in 2/4

support of this petition and also considering the convenience of petitioner / wife, this Court is inclined to allow this petition.

5. Accordingly, the Transfer CMP is allowed and FCOP.No.167 of 2024 pending on the file of the Family Court, Erode is hereby withdrawn and transferred to the file of Family Court, Karur, to be heard and disposed of in accordance with law. The learned Judge, Family Court, Erode is directed to transmit the entire records pertaining to the case in FCOP.No.167 of 2024 to the transferee Court, within two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

05.08.2024 Internet : Yes / No Index : Yes / No trp To

1. The Family Court, Erode.

2. The Family Court, Karur.

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P. VADAMALAI, J.

Trp TR.CMP(MD).No.261 of 2024 and CMP(MD).No. 5984 of 2024 05.08.2024 4/4