Nandhini v. Maheshkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)No.7219 of 2024 1.Nandhini 2.Veeramani 3.V.Prema ... Petitioners Vs.

Maheshkumar

...Respondent

Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the G.W.O.P.No.83 of 2024 pending on the file of the learned Family Court, Perambalur and transfer the same to the file of the learned Subordinate Court, Manapparai, Trichy District. For Petitioners :Mr.A.Joel Paul Antony For Respondent :No appearance

ORDER

The Transfer Civil Miscellaneous Petition is filed with a prayer to withdraw the proceedings in G.W.O.P.No.83 of 2024 pending on the file of the Family Court, Perambalur and transfer the same to the file of the Subordinate Court, Manapparai, Trichy District.

2. On perusal of the affidavit filed in support of the application it can be seen that minor son is residing in Manaparai only. Over and above the same, the petitioner is in Manaparai only. Therefore, it is appropriate by virtue of Section 9 of the Guardian and Wards Act, the case to be tried at Manaparai only. Over and above the same, the petitioner has pleaded about the hardship faced by her in attending the Court at Perambalur. For the above reason, the case is liable to be transferred. However, the same has to be transferred to the Principal District Court, Trichirappalli (eventhough it is mentioned in the prayer as Subordinate Court, Manaparai).

3. In view thereof, the Transfer Civil Miscellaneous Petition is allowed on the following terms:

(1)The proceeding in GWOP.No.83 of 2024 pending on the file of the Family Court, Perambalur is withdrawn and transferred to the file of the Principal District Court, Trichirappalli.

(2)The learned Principal District Judge, Trichirappalli, is requested to take up the matter as early as possible. No costs. Consequently, connected Miscellaneous Petition is closed. 02.07.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Rmk

To 1.The Judge, Family Court, Perambalur.

2.The Subordinate Judge, Manapparai, Trichy District. 3.The Principal District Judge, Trichy.

4.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

D.BHARATHA CHAKRAVARTHY, J.

Rmk and C.M.P(MD)No.7219 of 2024 02.07.2023