Anitha Jasmin v. Stanley Ebaneser

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.8353 of 2023 Anitha Jasmin ... Petitioner/Respondent Vs.

Stanley Ebaneser ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the above I.D.O.P. No.66/2022 from the file of the learned IVth Additional District Judge at Tirunelveli to the learned family Cour, Trichy and dispose the same in accordance with law.

For Petitioner : Mr.B.Jameel Arasu For Respondent : Mr.N.Seyed Ali

ORDER

This petition has been filed seeking to withdraw and transfer the above I.D.O.P. No.66/2022 from the file of the learned IVth Additional District Judge at Tirunelveli to the learned family Cour, Trichy and 1/4

dispose the same in accordance with law.

2.The facts in brief:

The marriage was solemnized between the parties on 26.05.2014. Out of their wedlock they blessed with a female child. Thereafter, due to matrimonial dispute, the respondent filed the above said I.D.O.P. on the file of the IVth Additional District Judge, Tirunelveli, seeking divorce. The respondent demanded more dowry. Now the petitioner has to travel about 300 kilometers to attend every hearing at Tirunelveli. Hence, seeking transfer of the same to the Family Court, Trichy, this petition has been filed.

3.Heard both sides.

4.The learned counsel for the respondent made objection stating that there is life threat at the hands of the petitioner and her family member.

5.But, it appears that without any basic reason, this objection has 2/4

been made.

6.Considering the facts and circumstances of the case and considering the convenience of the wife, the I.D.O.P.No.66 of 2022, filed by the respondent on the file of the IV Additional District Judge, Tirunelveli, is ordered to be withdrawn and transferred to the Family Court, Trichy.

7.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 20.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The IV Additional District Judge, Tirunelveli. 2.The Judge, Family Court, Trichy.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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