P. Uma Maheswari, v. Sakthivel,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and CMP(MD)No.7299 of 2023 P.Uma Maheswari .. Petitioner Vs.

Sakthivel .. Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw the proceedings in HMOP.No.425 of 2022 on the file of the II-Additional Sub Court, Coimbatore, Coimbatore District and transfer the same to the Family Court, Madurai For Petitioner : Mr.S.Anand Chandrasekar For Respondent : No appearance

ORDER

The petitioner is the wife of the respondent. She is facing the divorce proceedings before the II-Additional Sub Court, Coimbatore, 1/4

Coimbatore District in HMOP.No.425 of 2022 filed by her husband/respondent herein. This petition has been filed to transfer the HMOP.No.425 of 2022 from the file of the II-Additional Sub Court, Coimbatore, Coimbatore District to the file of the Family Court, Madurai

2. The learned counsel for the petitioner submitted that now the petitioner is residing at Madurai along with her age old parents and her twin children aged about 4 years. He further submitted that and she has to take care of her children and old aged parents and she has to travel around 220 kms to attend the Court proceedings from Madurai to Coimbatore and also to bear the travel expenses for each and every hearing and hence, it is very difficult for her to contest the case before the II-Additional Sub Court, Coimbatore, Coimbatore District. Hence, she filed this petition to transfer the HMOP.No.425 of 2022 from the file of the II-Additional Sub Court, Coimbatore, Coimbatore District to the file of the Family Court, Madurai.

3. Respondent remains absent in spite of service of notice.

4. Considering the pendency of the case, this Court withdraws H.M.O.P.No.425 of 2022 from the file of the II-Additional Sub Court, Coimbatore, Coimbatore District and transfers the same to the Family Court, Madurai. The II-Additional Sub Court, Coimbatore, Coimbatore District, is directed to transfer the entire records in H.M.O.P.No.425 of 2/4

2022 to the transferee Court forthwith. The transferee Court shall receive the records and assign a new number, send notice to both parties and proceed further in the matter.

5. With the above direction, this Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected miscellaneous petition is closed.

08.03.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No PJL To

1. The II-Additional Sub Judge, Coimbatore, Coimbatore District.

2. The Judge, Family Court, Madurai.

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G.ILANGOVAN. J.

PJL and CMP(MD)No.7299 of 2023 08.03.2024 4/4