S.Vishnupriya v. B.Rahul
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P.(MD)No.7591 of 2024 S.Vishnupriya ... Petitioner/Respondent vs.
B.Rahul ... Respondent/ Petitioner Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to transfer the case in H.M.O.P.No.26 of 2024 pending on the file of the learned Subordinate Court, Thiruchendur to the learned Family Court, Madurai.
For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.A.Robinson
ORDER
The Transfer Civil Miscellaneous Petition is filed by the petitioner/wife praying to transfer the case in HMOP No.26 of 2024 1/4
pending on the file of the Subordinate Court, Thiruchendur to the file of the Family Court, Madurai.
2.On perusal of the affidavit filed in support of the application, she has pleaded that she is residing at Anuppanadi, Madurai, along with her parents and has pleaded that she has no means to maintain herself independently and is finding it difficult to travel up to Thiruchendur and come back. This apart, in the maintenance case in M.C.No.116 of 2024 is also pending on the file of the Family Court, Madurai.
3.The learned counsel appearing on behalf of the respondent would submit his objection by saying that no prejudice will be caused by travelling from Madurai to Thiruchendur.
4.I considered the said submissions.
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5.In view of the hardship pleaded and in view of the fact that already M.C.No.116 of 2024 is pending on the file of the Family Court, Madurai, this petition is allowed. HMOP No.26 of 2024 pending on the file of the Subordinate Court, Thiruchendur, is withdrawn and transferred to the file of the Family Court, Madurai to be tried along with M.C.No.116 of 2024. No costs. Consequently, connected miscellaneous petition is closed.
09.07.2024 NCC : Yes / No sji To 1.The Family Court, Madurai.
2.The Subordinate Court, Thiruchendur.
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D.BHARATHA CHAKRAVARTHY, J.
sji and C.M.P.(MD)No.7591 of 2024 09.07.2024 4/4