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Madras High CourtTR CMP(MD)/379/2024allowed

K.Iswarya v. S.Gowtham

2024-07-25Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:01.08.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)No.8347 of 2024 K.Iswarya ... Petitioner/Respondent Vs.

S.Gowtham

...Respondent/Petitioner

The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the FCOP NO.110/2023 on the file of the Family Court, Chengalpattu and transfer the same to the Subordinate Court, Uthamapalayam, Theni District.

For Petitioner :Mr.S.Moorthi For Respondent :No appearance

ORDER

Even though this Court pronounced an oral order on 25.07.2024, since this Court entertained a doubt before signing the said order, the matter is listed "for being mentioned" today. 2.The learned counsel for the petitioner submits that the wife is now residing at Door No.106, North Street, Uthamapalayam, Theni District only and not at Kanchipuram. In view thereof, the earlier oral order which is unsigned is recalled. The transfer civil miscellaneous petition is considered afresh.

3.The Transfer Civil Miscellaneous Petition is filed by the petitioner/wife. It is the case of the petitioner that now she is residing in Uthamapalayam and is also taking care of her two years old child. It is also stated that the connected matter in HMOP.No. 131 of 2022 is also pending before the Subordinate Court, Uthamapalayam.

4.Considering the hardship which is pleaded by the petitioner/wife and also considering the fact that the said allegations are not refuted by the respondent even though notice has been served and he has chosen not to appear before this Court, the Transfer Civil Miscellaneous petition is allowed on the following terms:

(i)the FCOP No.110 of 2023 on the file of the Family Court, Chengalpattu, is withdrawn and transfer to the file of the SubCourt, Uthamapalayam, Theni District, to be tried along with HMOP.No.131 of 2022.

(ii)No costs. Consequently, connected miscellaneous petition is also closed.

01.08.2024 NCC:Yes/No Ns

D.BHARATHA CHAKRAVARTHY, J.

Ns To 1.The Family Court, Chengalpattu.

2.The Sub-Court, Uthamapalayam, Theni District.

and C.M.P(MD)No.8347 of 2024 01.08.2024