Divya v. Senthilkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.4471 of 2022 Divya ... Petitioner/Petitioner Vs.

A.Senthil Kumar

...Respondent/ Respondent

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw and transfer the case in H.M.O.P.No.90 of 2020 on the file of the learned Sub Court, Gobichettipalayam, Erode District to the learned Family Court, For Petitioner : Mr.A.Jegadeeswaran For Respondent : Nr.T.Jeen Joseph 1/4

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer her own H.M.O.P.No.90 of 2020 on the file of the Sub Court, Gobichettipalayam, Erode District to Family Court,

2. According to the learned counsel appearing for the petitioner/wife, the wife had shifted her residence from Gobichettipalayam to Thoothukudi and her child is also studying at Thoothukudi. Now, she is a permanent resident of Thoothukudi. Therefore, she wants her own H.M.O.P to be transferred from Gobichettipalayam to Thoothukudi. That apart, the wife had filed M.C.No.25 of 2022 before the Family Court, Thoothukudi and the same is also pending.

3. Therefore, considering the above said facts, H.M.O.P.No.90 of 2020 on the file of the Sub Court, Gobichettipalayam, Erode District is hereby withdrawn and transferred to Family Court, Thoothukudi to be tried along with M.C.No.25 of 2022.

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4. With the above said direction, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

22.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Sub Court, Gobichettipalayam, Erode District.

2.The Family Court, 3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR ,J.

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