M.Soundarya v. S.Aravind

BEFORE THE MADURAI 9BENCH OF MADRAS HIGH COURT DATED : 09.08.2024 CORAM :

THE HON'BLE MR JUSTICE P. VADAMALAI TR.CMP(MD).No.276 of 2024 and CMP(MD).No.6281 of 2024 M.Soundarya ... Petitioner Vs.

A.Aravind ... Respondent PRAYER:- Petition filed under Section 24 C.P.C., to withdraw the case on the file of the Family Court, Thiruchirappalli, in H.M.O.P.No.503 of 2023 and transfer the same to the Family Court, Dindigul and try along with M.C.No.18 of 2024 pending on the file of the learned Family Court, Dindigul.

For Petitioner : Mr.S.Selvakumar For Respondent : No appearance 1/5

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the case in H.M.O.P.No.503 of 2023 on the file of the Family Court, Thiruchirappalli and transfer the same to the file of the Family Court, Dindigul.

2. The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 08.09.2021 as per Hindu Rites and Customs.

3. The learned Counsel for the petitioner submits that due to mis-understanding between the petitioner and the respondent, the petitioner was left from the matrimonial home. Thereafter, the respondent filed H.M.O.P.No.503 of 2023, before the Family Court, Thiruchirappalli, for divorce. Now, the petitioner is residing in her parents house at Dindigul. The distance between Thiruchirappalli and Dindigul is approximately 250 kilometers and it is very difficult for the petitioner to travel each and every hearing to attend H.M.O.P.No.503 of 2023, before the Family Court, Thiruchirappalli. In the above 2/5

circumstances, she filed the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.503 of 2023, before the Family Court, Thiruchirappalli, to the file of the Family Court, Dindigul.

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.

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.

6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.503 of 2023 pending on the file of the Family Court, Thiruchirappalli, is hereby withdrawn and transferred to the file of Family Court, Dindigul. The learned Judge, Family Court, Thiruchirappalli, is directed to transmit the entire records pertaining to the case in H.M.O.P.No.503 of 2023 to the transferee Court, within a period of 10 days from the date of receipt of a copy of this order. On such 3/5

receipt, the learned Judge, Family Court, Dindigul, is directed to take the case on file and try along with M.C.No.18 of 2024 on his file and dispose the same as expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.

09.08.2024 Internet : Yes / No Index : Yes / No jbr To

1. The Family Court, Thiruchirappalli.

2. The Family Court, Dindigul.

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P. VADAMALAI, J.

jbr TR.CMP(MD).No.276 of 2024 and CMP(MD).No.6281 of 2024 09.08.2024 5/5