J. Jeshika, v. T. Hariharan Alias John,

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.7538 of 2022 J.Jeshika ... Petitioner/Respondent Vs.

T.Hariharan @ John

...Respondent/Petitioner

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to transfer and withdraw the case in I.D.O.P.No.725 of 2022 on the file of the Family Court, Madurai and transfer the same to the learned Principal District Court, Sivagangai. For Petitioner : Mr.N.Kamesh For Respondent : M/s.P.Akarathi 1/4

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer I.D.O.P.No.725 of 2022 pending on the file of the Family Court, Madurai to Principal District Court, Sivagangai.

2. According to the learned counsel appearing for the respondent/husband, the wife had remained ex parte and and ex parte order of divorce has been granted on 18.08.2022. So far, the application filed by the wife for setting aside the ex parte order has not been allowed and I.D.O.P.No.725 of 2022 has not been restored to file.

3. Considering the above said facts, this Transfer Civil Miscellaneous Petition stands dismissed for the present. In case, if I.D.O.P.No.725 of 2022 is restored, the petitioner is at liberty to file fresh transfer civil miscellaneous petition. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 22.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 2/4

To 1.The Family Court, Madurai.

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

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R.

VIJAYAKUMAR ,J.

gbg Order made in 22.02.2023 4/4