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Madras High CourtTR CMP(MD)/255/2023allowed

Virgin Xavier v. E.M.Jenix Vinoth

2023-06-16Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) No.5716 of 2023 Virgin Xavier ... Petitioner Vs.

E.M.Jenix Vinoth ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the case in I.D.O.P.No.1026 of 2022 on the file of the Family Court, Kanyakumari District at Nagercoil and transfer the same to the Family Court, Tirunelveli. For Petitioner : Mr.S.Kumar For Respondent : No appearance ******

O R D E R

Notice being served on the sole respondent and name being printed in the cause list, there is no representation on behalf of the respondent. Page No. 1 of 4

2. This Transfer Civil Miscellaneous Petition has been filed to transfer I.D.O.P.No.1026 of 2022 from the Family Court, Nagercoil, Kanyakumari District to the Family Court, Tirunelveli.

3. In the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, the petitioner has stated that the petitioner is a resident of Palayamkottai, Tirunelveli District and depends on her parents and cannot burden her parents. It is further submitted that the petitioner feels unsafe at Nagercoil, and has to travel up and down about 160 kms. for every hearing.

4. Considering the fact that the petitioner is aged about 29 years and has no independent income and depends on her parents and considering the distance between the Nagercoil, Kanyakumari District and Tirunelveli, I am inclined to allow this Transfer Civil Miscellaneous Petition. Therefore, I.D.O.P.No.1026 of 2022 is directed to be transferred from the Family Court, Nagercoil, Kanyakumari District to the Family Court, Tirunelveli.

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

16.06.2023 NCC : Yes / No Internet: Yes/No Index: Yes/ No jen To 1.The Family Court, Nagercoil, Kanyakumari District.

2.The Family Court, Tirunelveli.

Page No. 3 of 4

C.SARAVANAN, J.

jen and C.M.P.(MD) No.5716 of 2023 16.06.2023 Page No. 4 of 4