Ruthira Devi v. Mouli Manoar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.6930 of 2023 Ruthira Devi ... Petitioner/Respondent Vs.

Mouli Manoar ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer the O.P.No.13 of 2023 on the file of the Family Court, Uthagamandalam and transfer the same to the learned Sub Court, Manappara.

For Petitioner : Mr.N.Kamesh For Respondent : Mr.K.Ramesh

ORDER

This petition has been filed to withdraw and transfer the case from the file of the Family Court, Uthagamandalam to the file of the Sub Court, Manapparai.

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2.The facts in brief:

The marriage was solemnized between the parties on 02.02.2017. Out of the above said wedlock they got a female child. But after their wedding, there was dispute between them. Due to which the petitioner filed a petition in O.P.No.13 of 2023 for restitution of conjugal rights. It is very difficult to the petitioner to attend the hearing at Uthagamandalam. Hence, she seeks transfer of the same to the Sub Court, Manapparai.

3.Heard the counsel on either side.

4.The learned counsel for the respondent made some formal objections to entertain this petition. The respondent's counsel would submit that the respondent is take care of his age old parents and only this petitioner adamantly failed to come to the matrimonial hom. 5.Though the respondent made objections to entertain this petition, considering the fact that the petitioner is now living in Trichy along with 2/42/4

her parents and also considering the convenience of the wife, O.P.No.13 of 2023 on the file of the Family Court, Uthagamandalam is ordered to be withdrawn and transferred to the Sub Court, Manapparai. 6.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 13.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judge, Family Court, Uthagamandalam.

2.The Subordinate Judge, Manapparai.

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 13.02.2024 4/44/4