Latchaka v. Murugesan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) No.5726 of 2023 Latchaka ... Petitioner Vs.

Murugesan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 read with Section 151 of the Code of Civil Procedure, 1908, to withdraw the case in H.M.O.P.No.24 of 2022 on the file of the Sub Court, Uthamapalayam and transfer the same to the Family Court, Madurai. For Petitioner : Mr.B.Mahendrarajan For Respondent : No appearance ******

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to transfer H.M.O.P.No.24 of 2022 from the Sub Court, Uthamapalayam to the Family Court, Madurai.

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2. Despite notice on the sole respondent being served and the name of the respondent being printed in the cause list, there is no representation on behalf of the respondent.

3. The petitioner has expressed her difficulties in travelling to Uthamapalayam in connection with H.M.O.P.No.24 of 2022 and has therefore prayed for transfer of H.M.O.P.No.24 of 2022 to the Family Court, Madurai. In paragraph No.11 of the affidavit filed in support of this petition, the petitioner has stated as follows:-

11. I humbly submit that the distance from the Theni to Madurai is nearly 130 km., and I am facing sever threat on the part of my husband and my lifr is in danger. I further submit that, since I am a single woman, it is not possible for me to attend all the court hearings at Uthamapalayam, Theni, since it is 130 Km away from my residing place.

4. Being satisfied with the above reasons, I am inclined to allow this Transfer Civil Miscellaneous Petition by ordering the transfer of H.M.O.P.No.24 of 2022 from the Sub Court, Uthamapalayam to the Family Court, Madurai.

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5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost. Consequently, connected Miscellaneous Petition is closed.

09.06.2023 NCC : Yes / No Internet: Yes/No Index: Yes/ No jen To 1.The Sub Court, Uthamapalayam.

2.The Family Court, Madurai.

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C.SARAVANAN, J.

jen and C.M.P.(MD) No.5726 of 2023 09.06.2023 Page No. 4 of 4