Lucia Jenita Jeyakumari v. M.S.Kingsly George

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)No.8568 of 2023 Lucia Jenita Jeyakumari ... Petitioner/Respondent Vs.

M.S.Kingsly George

...Respondent/Petitioner

The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in D.O.P.No.139 of 2023 on the file of the Principal District Court, Thoothukudi and transfer the same to the file of the District Sessions Court, Chengalpattu. For Petitioner :Mr.K.Sudalaiyandi For Respondent :Mr.V.Rajiv Rufus

ORDER

This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife to withdraw the D.O.P.No.139 of 2023 from the file of the Principal District Court, Thoothukudi and transfer the same to the file of the District Sessions Court, Chengalpattu.

2.Considering the reasons mentioned in the affidavit filed in support of the application that the wife is residing at Chengalpattu along with her parents and she is also taking care of the tender child, this Court is inclined to accept the reasons mentioned in the affidavit. 3.The learned counsel for the respondent/husband would oppose the prayer stating that even it would cause hardship to the respondent and he is also taking care of the aged parent.

4.As between the hardship expressed by the petitioner/wife and the respondent, since the wife is also taking care of the child, I am inclined to allow the Transfer Civil Miscellaneous Petition. Accordingly, the Transfer Civil Miscellaneous Petition is allowed as prayed for. No costs. Consequently, connected miscellaneous petition is also closed. 18.07.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns

To 1.The Principal District Court, Thoothukudi.

2.The District Sessions Court, Chengalpattu.

D.BHARATHA CHAKRAVARTHY, J.

Ns and C.M.P(MD)No.8568 of 2023 18.07.2024