Pooja v. Subash Sandar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2024

CORAM

THE HON'BLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.9016 of 2024 Pooja ... Petitioner Vs.

Subash Sandar ... Respondent PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw H.M.O.P.No.35 of 2024 on the file of the Sub Court, Pudukottai and transfer the same to the Family Court, Madurai.

For Petitioner : Mr.D.Muthupandi For Respondent : Mr.B.Arun 1/5

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.35 of 2024 on the file of the Sub Court, Pudukottai and transfer the same to the Family Court, Madurai.

2. The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 21.08.2023 at J.S.Velan Marriage Hall, Madurai in accordance with Hindu Rites and Customs. The petitioner already filed a petition before the Additional Mahila Court, Madurai in D.V.C.No.241 of 2023. Now she seeks transfer of H.M.O.P.No.35 of 2024 filed by the husband seeking divorce from the Sub Court, Pudukottai to the Family Court, Madurai.

3. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.

4. The learned Counsel appearing for the petitioner submits that the petitioner is now residing with her parents in Madurai and has pleaded that she has no means to maintain herself independently and 2/5

she finds it difficult to travel up to Pudukottai and come back.

5. The learned Counsel appearing for the respondent raised only formal objections.

6. Considering the over all facts and circumstance of the case and also considering the convenience of the petitioner / wife, this Court is inclined to allow this petition.

7. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed and H.M.O.P.No.35 of 2024 pending on the file of the Sub Court, Pudukkottai is hereby withdrawn and transferred to the file of the Family Court, Madurai, to be heard and disposed of in accordance with law. The learned Sub Judge, Pudukkottai is directed to transmit the entire records pertaining to the case in H.M.O.P.No.35 of 2024 to the transferee Court, within two weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

07.08.2024 3/5

NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Sub Court, Pudukottai.

2.The Family Court, Madurai.

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P.VADAMALAI , J.

BTR Order made in 07.08.2024 5/5