Madras High CourtTR CMP(MD)/264/2023allowed

Anantha Priya v. Jagadeesh

2023-06-30Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) No.5877 of 2023 Aanantha Priya ... Petitioner Vs.

Jagadeesh ... Respondent Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the petition in H.M.O.P.No.9 of 2023 from the file of the Sub Court, Neyveli, Cuddalore District and transfer the same to the Family Court, Trichy. For Petitioner : Mr.K.Arunraj For Respondent : Mr.P.Gokulnaath

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to transfer H.M.O.P.No.9 of 2023 from the Sub Court, Neyveli, Cuddalore District to the Family Court, Trichy.

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2. The learned counsel for the respondent has no objection for transfer of the case in H.M.O.P.No.9 of 2023 and however submits that the case may be transferred to the Sub Court, Madurai instead of the Family Court, Trichy.

3. The learned counsel for the petitioner would submit that the petitioner is aged about 27 years and is having a 10 months minor infant and depending on her parents.

4. The learned counsel for the respondent submits that the petitioner's father is however impeding the resolution of the marital dispute between the petitioner and the respondent. Therefore, in this ground, the case may be transferred to the Sub Court, Madurai.

5. Recording the above submission, I am inclined to allow this Transfer Civil Miscellaneous Petition by ordering the transfer of H.M.O.P.No.9 of 2023 from the Sub Court, Neyveli, Cuddalore District to the Sub Court, Madurai.

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6. The Sub Court, Madurai shall first endeavour to refer the parties to mediation. In case the mediation fails, the Court shall dispose of H.M.O.P.No.9 of 2023, on its being re-numbered, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.

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

30.06.2023 NCC : Yes / No Internet: Yes/No Index: Yes/ No jen To 1.The Sub Court, Neyveli, Cuddalore District.

2.The Sub Court, Madurai.

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C.SARAVANAN, J.

jen and C.M.P.(MD) No.5877 of 2023 30.06.2023 Page No. 4 of 4