Ivin Suji v. D.Samuel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.8218 of 2021 Ivin Suji ... Petitioner/ Respondent Vs.

D.Samuel ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in I.D.O.P.No.119 of 2021 on the file of the Principal District Court, Trichy and transfer the same to the District Court, Kanyakumari District at Nagercoil, which is competent to deal with the matter.

For Petitioner : Mr.C.R.Nirmal For Respondent : Mr.S.P.Naveen Kumar

ORDER

The facts on record indicate that the petitioner has also filed D.V.C.No.10 of 2021 before the Judicial Magistrate, Eraniel, 1/4

Kanyakumari. The respondent in turn appears to have filed a complaint against the petitioner and sought for police protection and also obtained an order from this Court in Crl.O.P(MD)No.6554 of 2022 on 08.04.2022.

2. Considering the fact that the respondent is already appearing before the Judicial Magistrate, Eraniel, Kanyakumari, I am of the view that the petition filed by the petitioner for transfer of IDOP No.119 of 2021 from the Principal District Court, Trichy to District Court, Kanyakumari District at Nagercoil can be allowed. It is made clear that neither the petitioner not her relatives show harm either to the respondent or their son.

3. The transfer civil miscellaneous petition stands allowed with the above observations. No costs. consequently, connected miscellaneous petition is closed.

08.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 2/4

To 1.The Principal District Court, Trichy.

2.The District Court, Kanyakumari District at Nagercoil.

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

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C.SARAVANAN ,J.

SN 08.03.2023 4/4