Meena, v. Suruliraj,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.7499 of 2022 Meena ... Petitioner/Respondent Vs.

Suruliraj

...Respondent/Petitioner

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the H.M.O.P.No.147 of 2022 on the file of the Family Court, Theni and transfer the same to learned Family Court, Coimbatore and to try along with H.M.O.P.No.872 of 2021 on the file of the Family Court, Coimbatore. For Petitioner : Mr.R.Mathiyalagan For Respondent : Mr.N.Jeyaram Sidharth 1/4

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer H.M.O.P.No.147 of 2022 pending on the file of the Family Court, Theni to Family Court, Coimbatore.

2. According to the learned counsel for the petitioner/wife, the wife is permanently residing at Coimbatore along with her parents. She finds it difficult to travel on every occasion to attend hearings in Family Court, Theni.

3. The learned counsel appearing for the husband referred to Paragraph No.4 of the affidavit in this petition and objected that false averments have been made to the effect that the husband has borrowed Rs.16,00,000/- (Rupees Sixteen Lakhs only) from his mother-in-law to get Assistant Professor post in a college in Thambaram. The said objection of the learned counsel for the respondent/husband is recorded.

4. Considering the fact that the wife is permanently residing in Coimbatore, this Court inclined to withdraw H.M.O.P.No.147 of 2022 2/4

pending on the file of the Family Court, Theni and to transfer the same to Family Court, Coimbatore to be tried along with H.M.O.P.No.872 of 2021.

5. With the above said direction, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

22.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Family Court, Theni.

2.The Family Court, Coimbatore.

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

3/4

R.

VIJAYAKUMAR ,J.

gbg Order made in 22.02.2023 4/4