Madras High CourtTR CMP(MD)/373/2023disposed of

Muthumari v. Ranganathan

2023-12-15Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.373 of 2023 and C.M.P.(MD)No.7910 of 2023 R.Muthumari : Petitioner/Respondent Vs.

A.Ranganathan : Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.599 of 2023 pending on the file of the Family Court, Coimbatore and transfer the same to the file of the Sub Court, Ambasamudram. For Petitioner : Mr.R.J.Karthick For Respondent : Mr.I.Robert Chandrakumar

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in H.M.O.P.No.599 of 2023 pending on the file of the Family Court, Coimbatore and transfer the same to the file of the Sub Court, Ambasamudram.

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2. It is seen from the records that the marriage between the parties was solemnized on 10.11.2021.

3. The learned counsel for the petitioner would submit that the respondent/husband has filed a petition in H.M.O.P.No.599 of 2023 seeking divorce and the same is pending on the file of the Family Court, Coimbatore. He would further submit that the petitioner is residing at Kallidaikurichi, Tirunelveli District and she finds it very difficult to travel all along to Coimbatore to attend the Court.

4. When the mater is taken up for hearing today, the learned counsel for the respondent would submit that they are not having any objections to transfer the case as sought for by the petitioner.

5. Considering the facts and circumstances of the case and also taking note of the residence of the petitioner, this Court is inclined to allow the petition.

6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.599 of 2023 on the file of the Family Court, 2/4

Coimbatore, is hereby withdrawn and transfer to the file of the Sub Court, Ambasamudhram. The learned Judge, Family Court, Coimbatore, is directed to send the records relating the case in H.M.O.P.No.599 of 2023 to the Sub Court, Ambasamudhram, within a period of 15 days from the date of receipt of copy of this order and on receipt of the same, the learned Subordinate Judge, Ambasamudhram, is directed to take the same on file and proceed in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed.

15.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Judge, Family Court, Coimbatore.

2.The Subordinate Judge, Ambasamudhram, Tirunelveli District.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J.

DAS Order made in Tr.C.M.P (MD).No.373 of 2023 and C.M.P.(MD)No.7910 of 2023 15.12.2023 4/4