Padmaja v. M.Muthukumaran

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

THE HON'BLE MR JUSTICE P. VADAMALAI TR.CMP(MD).No.262 of 2024 and CMP(MD).No. 6012 of 2024 Padmaja ... Petitioner Vs.

M.Muthukumar ... Respondent PRAYER:- Petition filed under Section 24 C.P.C., to withdraw the case on the file of the Family Court, Chidambaram in M.O.P.No.34 of 2024 and transfer the same to the Family Court, Thanjavur. For Petitioner : Mr. B. Anandan For Respondent : No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the case in M.O.P.No.34 of 2024 on the file of the Family Court, Chidambaram and transfer the same to the file of Family Court, Thanjavur.

1/4

2. The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 03.02.2021 as per Hindu Rites and Customs. One male child was born through the wedlock. Due to mis-understanding between the petitioner and the respondent, the petitioner was left from the matrimonial home along with minor child. Thereafter, the respondent filed MOP.No.34 of 2024, before the Family Court, Chidambaram for divorce. Now, the petitioner is residing in her parents house at Thanjavur with her minor child. The distance between Thanajvur and Chidambaram is approximately 125 kilometers and it is very difficult for the petitioner to travel each and every hearing to attend MOP.No.34 of 2024, before the Family Court, Chidambaram. In the above circumstances, she filed the present Transfer Civil Miscellaneous Petition to transfer MOP.No.34 of 2024, before the Family Court, Chidambaram to the file of the Family Court, Thanjavur forthwith.

4. Even though the notice was served upon the respondent, he has not chosen to appear before this Court either in person or through counsel. So after hearing the learned Counsel for the petitioner, this order is passed.

2/4

5. Being satisfied with the reasons stated in the affidavit filed in 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the Transfer CMP is allowed and M.O.P.No.34 of 2024 pending on the file of the Family Court, Chidambaram is hereby withdrawn and transferred to the file of Family Court, Thanjavur, to be heard and disposed of in accordance with law. The learned Judge, Family Court, Chidambaram is directed to transmit the entire records pertaining to the case in MOP.No.34 of 2024 to the transferee Court, within a week from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is also closed.

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

1. The Family Court, Chidambaram

2. The Family Court, Thanjavur.

3/4

P. VADAMALAI, J.

Trp TR.CMP(MD).No.262 of 2024 and CMP(MD).No. 6012 of 2024 05.08.2024 4/4