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Madras High CourtTR CMP(MD)/259/2024allowed

Uma Maheswari v. K.B.Ajeyaprasaath

2024-08-08Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI 9BENCH OF MADRAS HIGH COURT DATED : 08.08.2024 CORAM :

THE HON'BLE MR JUSTICE P. VADAMALAI TR.CMP(MD).No.259 of 2024 and CMP(MD).No.5965 of 2024 Uma Maheswari ... Petitioner Vs.

K.B.Ajeyaprasaath ... Respondent PRAYER:- Petition filed under Section 24 C.P.C., to withdraw the case on the file of the Family Court, Karur, in O.P.No.124 of 2024 and transfer the same to the Sub Court or Family Court, Thiruchirappalli. For Petitioner : M/S.J.Madhu For Respondent : Mr.I.Vel Pradeep 1/5

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the case in O.P.No.124 of 2024 on the file of the Family Court, Karur and transfer the same to the file of the Sub Court or Family Court, Thiruchirappalli.

2.The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 10.11.2019 as per Hindu Rites and Customs. 3.The learned Counsel for the petitioner submits that due to misunderstanding between the petitioner and the respondent, the respondent filed O.P.No.124 of 2024, before the Family Court, Karur for divorce. Now, the petitioner is residing with her mother at Thiruchirappalli. The distance between Karur and Thiruchirappalli is approximately 90 kilometers and it is very difficult for the petitioner to travel each and every hearing to attend O.P.No.124 of 2024, before the Family Court, Karur. In the above circumstances, she filed the present Transfer Civil Miscellaneous Petition to transfer O.P.No.124 of 2024, before the Family Court, Karur, to the file of the Sub Court or Family Court, 2/5

Thiruchirappalli, forthwith.

4.The learned counsel for the respondent submits that the respondent is working at Chennai and even for the respondent it will cause grave hardship to travel from Chennai to Thiruchirappalli. 5.Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondent. 6.Considering the over all facts and circumstances of the case and also considering the convenience of petitioner/wife, this Court is inclined to allow this petition.

7.Accordingly, the Transfer Civil Miscellaneous Petition is allowed and O.P.No.124 of 2024 pending on the file of the Family Court, Karur, is hereby withdrawn and transferred to the file of Family Court, Thiruchirappalli. The learned Judge, Family Court, Karur, is directed to transmit the entire records pertaining to the case in O.P.No.124 of 2024 to the transferee Court, within a period of two weeks from the date of receipt of a copy of this order. On such receipt, the learned Judge, 3/5

Family Court, Thiruchirappalli, is directed to take the case on file and dispose the same as expeditiously as possible in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed. 08.08.2024 Internet : Yes / No Index : Yes / No jbr To

1. The Family Court, Karur.

2. The Family Court, Trichy.

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P. VADAMALAI, J.

jbr TR.CMP(MD).No.259 of 2024 and CMP(MD).No.5965 of 2024 08.08.2024 5/5