Lalithasri v. Rengaraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2024 CORAM :

THE HON'BLE MR JUSTICE P. VADAMALAI TR.CMP(MD).No.305 of 2024 and CMP(MD).No.6994 of 2024 Lalithasri ... Petitioner Vs.

Rengaraj ... Respondent PRAYER:- Petition filed under Section 24 C.P.C., to withdraw HMOP.No.134 of 2024 pending before the Family Court, Thanjavur and transfer the same to Family Court, Madurai.

For Petitioner : Mr.K.Sathish Kumar For Respondent : No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the case in HMOP.No.134 of 2024 pending on the file of the Family Court, Thanjavur and transfer the same to the file of Family Court, Madurai.

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2. The facts in brief:

The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 01.02.2023 as per Hindu Rites and Customs. Due to mis-understanding between the petitioner and the respondent, the petitioner was sent out from the matrimonial home. Thereafter, the petitioner filed HMOP.No.888 of 2023 on the file of the Family Court, Madurai seeking restitution of conjugal rights. The respondent herein has filed HMOP.No.134 of 2024 on the file of the Family Court, Thanjavur seeking divorce. Now, the petitioner is residing in her parents house at Madurai. The distance between Madurai and Thanjavur is approximately 200 kilometers and it is very difficult for the petitioner to travel each and every hearing to attend HMOP.No.134 of 2024, before the Family Court, Thanjavur. In the above circumstances, she filed the present Transfer Civil Miscellaneous Petition.

3. 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.

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4. 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.

5. Accordingly, the Transfer CMP is allowed and HMOP.No.134 of 2024 pending on the file of the Family Court, Thanjavur is hereby withdrawn and transferred to the file of the Family Court, Madurai to be heard and disposed of in accordance with law. The learned Judge, Family Court, Thanjavur is directed to transmit the entire records pertaining to the case in HMOP.No.134 of 2024 to the transferee Court, within two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is also closed. 06.08.2024 Internet : Yes / No Index : Yes / No trp To

1. The Family Court, Thanjavur.

2. The Family Court, Madurai.

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P. VADAMALAI, J.

Trp TR.CMP(MD).No.305 of 2024 and CMP(MD).No.6994 of 2024 06.08.2024 4/4