P.Prabakaran v. S.Dhanya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.6780 of 2023 P.Prabakaran ... Petitioner/Respondent Vs.

Mrs.S.Dhanya ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer the case in H.M.O.P.No.113 of 2022 pending on the file of the learned Subordinate Court, Melur preferred by the respondent and try along with a petition for Divorce filed against the respondent in H.M.O.P.No.171 of 2022 on the file of the Subordinate Court, Virudhunagar.

For Petitioner : Mr.M.Solaisamy For Respondent : Mr.V.Santhakumar

ORDER

This petition has been filed to withdraw and transfer the case in 1/51/5

H.M.O.P.No.113 of 2022 pending on the file of the learned Subordinate Court, Melur preferred by the respondent, to try along with a petition for Divorce filed against the respondent in H.M.O.P.No.171 of 2022 on the file of the Subordinate Court, Virudhunagar.

2.The facts in brief:

The marriage was solemnized between the parties on 03.06.2018. But after their wedding, there was dispute between them. Due to which the petitioner filed a petition in H.M.O.P.No.171 of 2022 before the Sub Court, Virudhunagar and the wife filed H.M.O.P.No.113 of 2022 before the Sub Court, Melur. Citing out various reasons he seeks transfer of H.M.O.P.No.113 of 2022 pending on the file of the Sub Court, Melur to the file of the Sub Court, Virudhunagar to try along with H.M.O.P.No.171 of 2022 pending there.

3.Heard the counsel on either side.

4.Though this petition has been filed seeking transfer of H.M.O.P.No.113 of 2022 pending on the file of the Sub Court, Melur to 2/52/5

the file of the Sub Court, Virudhunagar to try along with H.M.O.P.No. 171 of 2022 pending there, now both parties agreed to transfer both the matters to any one of the Court in Madurai District. 5.In view of the above said submissions both the matters namely H.M.O.P.No.113 of 2022 pending on the file of the Sub Court, Melur as well as H.M.O.P.No.171 of 2022 pending on the file of the Sub Court, Virudhunagar, are ordered to be withdrawn and transferred to the Family Court, Madurai.

6.Accordingly, this transfer civil miscellaneous petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

13.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Subordinate Judge, Melur.

2.The Subordinate Judge, Virudhunagar District. 3/53/5

3.The Judge, Family Court, Madurai.

4.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

4/54/5

G.ILANGOVAN ,J.

TM 13.02.2024 5/55/5