Sri Bhuvaneshwari v. Anandha Sekar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2024
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.8700 of 2024 Sri Bhuvaneshwari .. Petitioner Vs.
Anandha Sekar .. 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.15 of 2024 on the file of the Family Court, Thoothukudi and transfer the same to the file of the Family Court, Dindigul District. For Petitioner : Mr.S.Balaji For Respondent : No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.15 of 2024 on the file of the Page No 1 of 5
Family Court, Thoothukudi and transfer the same to the file of the Family 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 06.02.2011 at Arulmigu Abirami Amman Temple, Dindigul District.
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.15 of 2024 on the file of the Family Court, Thoothukudi.
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.
6. The learned counsel for the petitioner would submit that the petitioner/wife is the resident of R.M.Colony, Dindigul District. The Page No 2 of 5
distance between Dindigul and Thoothukudi is around 250 Kms, and the petitioner/wife finds it very difficult to travel such a long distance to attend every Court hearing at Thoothukudi, since she has financial inability and is depending on her elder brother, who is a driver, for her livelihood. Hence, she seeks transfer of proceeding from the file of the Family Court, Thoothukudi to the file of the Family 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, Family Court, Thoothukudi is directed to transmit the entire records, pertaining to the case in H.M.O.P.No.15 of 2024 to the Family 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, Family 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.
23.08.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 4 of 5
P. VADAMALAI , J.
mkn To 1.The learned Judge, Family Court, Thoothukudi 2.The learned Judge, Family Court, Dindigul and C.M.P.(MD)No.8700 of 2024 23.08.2024 Page No 5 of 5