Meena v. Velmurugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2024

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.7845 of 2024 Meena .. Petitioner Vs.

Velmurugan .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No. 335 of 2023 on the file of the Principal Family Court, Thanjavur and transfer the same to the file of the Sub Court, Dindigul. For Petitioner : M/s.A.Aruljenifer For Respondent : No Appearance

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.335 of 2023 on the file of the Page No 1 of 5

Principal Family Court, Thanjavur and transfer the same to the file of the Sub Court, Dindigul.

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 14.09.2016 at Abirami Amman Temple in Dindigul District. From the wedlock, a female child, namely Dhansika, was born on 02.08.2020.

3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding seeking divorce in H.M.O.P.No.335 of 2023 on the file of the Principal Family Court, Thanjavur.

4. The name of the respondent has been printed in the cause list. Despite the name has been printed in the cause list, the respondent/husband has neither entered appearance through a counsel nor in-person to oppose this transfer petition.

5. Heard the learned counsel appearing on behalf of the petitioner. Page No 2 of 5

6. The learned counsel for the petitioner would submit that the petitioner/wife is now residing along with her parents at Bodiyagoundanpatti, Dindigul District. The distance between Dindigul and Thanjavur is around 300 Kms to and fro, and the petitioner/wife finds it very difficult to travel such a long distance along with the four year old female child to attend every Court hearing. Hence, she seeks transfer of proceeding from the file of the Principal Family Court, Thanjavur to the file of the Sub Court, Dindigul.

7. Taking into consideration of the facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this transfer petition.

8. The learned Judge, Principal Family Court, Thanjavur is directed to transmit the entire records, pertaining to the case in H.M.O.P.No.335 of 2023 to the Sub Court, Dindigul within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Sub Court, Dindigul is directed to take the case on file and dispose of the same in accordance with law.

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9. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

27.08.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The learned Judge, Principal Family Court, Thanjavur 2.The learned Judge, Sub Court, Dindigul and C.M.P.(MD)No.7845 of 2024 27.08.2024 Page No 5 of 5