A.Subha v. Karuppasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P.(MD)Nos.8701 and 8702 of 2024 A.Subha ... Petitioner/Respondent vs.

Karuppasamy ... Respondent/Petitioner Prayer:- Transfer Civil Miscellaneous Petition filed under Sections 24 of C.P.C., to withdraw the case in HMOP No.68 of 2024 on the file of the learned Subordinate Judge, Sattur and transfer the same to the file of the learned Family Court, Nagercoil. For Petitioner : Mr.D.Nallathambi For Respondent : Mr.M.Paramasivam

ORDER

The Transfer Civil Miscellaneous Petition is filed by the petitioner/wife. She is pleading hardship by stating that she is residing at Meenakshipuram, Agastheeswaram Taluk, Kanyakumari District. 1/4

2.The learned counsel for the respondent/husband would submit that there is scope for settlement in the instant case and the matter can be referred to mediation.

3.The learned counsel for the petitioner submits that in view of the avocation of the parties, the parties can be referred to the mediation after the transfer before the trial Court itself and submits that there is an inability on the part of the petitioner to travel upto Madurai for mediation.

4.I have considered the submissions made by the learned counsel on either side and perused the material records of the case. 5.In view of the hardship pleaded by the wife, the Transfer Civil Miscellaneous Petition is allowed as prayed for. Needless to mention that as and when the case in HMOP No.68 of 2024 is transferred to the file of the Family Court, Nagercoil, there the parties 2/4

can represent and the Family Court, Nagercoil, can consider referring them to mediation. No costs. Consequently, connected miscellaneous petitions are closed.

29.07.2024 NCC : Yes / No sji To 1.The Subordinate Judge, Sattur.

2.The Family Court, Nagercoil.

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D.BHARATHA CHAKRAVARTHY, J.

sji and C.M.P.(MD)Nos.8701 and 8702 of 2024 29.07.2024 4/4