Suganya v. Gandhinathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.2717 of 2023 Suganya ... Petitioner/Respondent Vs.

Gandhinathan ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the petition in H.M.O.P.No.29 of 2022 on the file of the Sub Court, Devakottai and transfer the same to the file of the Family Court, Erode.

For Petitioner : Mr.R.Balakrishnan For Respondent : No Appearance

ORDER

This petition has been filed to withdraw the petition in H.M.O.P.No.29 of 2022 on the file of the Sub Court, Devakottai and transfer the same to the file of the Family Court, Erode. 1/4

2.The facts in brief:

The marriage was solemnized between the parties on 15.11.2015. Thereafter, the respondent and his family members illtreated the petitioner and her family members. There was dispute arose between them. Due to which, the respondent filed the above said HMOP proceedings before the Sub Court, Devakottai. Now the petitioner is residing in Erode. Therefore, she is unable to travel such a long distance to attend the hearing in Devakottai. Hence, she filed this petition seeking transfer of the same to Erode.

3.Heard the learned counsel for the petitioner. Even though the respondent was served with notice, none appears on behalf of him. His name was also printed in the cause list.

4.Considering the facts and circumstances of the case and considering the convenience of the wife, the H.M.O.P.No.29 of 2022 filed by the respondent on the file of the Sub Court, Devakottai, is ordered to be withdrawn and transferred to the Family Court, Erode. 2/4

5.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 28.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Subordinate Judge, Devakottai.

2.The Judge, Family Court, Erode.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 28.03.2024 4/4