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Madras High CourtTR CMP(MD)/533/2022allowed

L.P.R.G.Meenatchi, v. Ananth

2023-02-24Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.8431 of 2022 Meenakshi ... Petitioner/ Respondent Vs.

Ananth ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in H.M.O.P.No.750 of 2022 on the file of the Family court, Theni and transfer the same to the Family Court, Madurai, for joint hearing along with M.C.No.150 of 2022 on the file of Family Court, Madurai.

For Petitioner : Mr.Y.Sasikumar For Respondent : No appearance 1/4

ORDER

The present petition has been filed by the wife, seeking transfer of the case in H.M.O.P.No.750 of 2022 pending on the file of the Family court, Theni to be transferred to the Family Court, Madurai.

2. According to the learned counsel appearing for the petitioner / wife, the petitioner / wife is a permanent resident of Madurai and she is living along with two minor children. She cannot travel for every hearing to the Family Court, Theni. He further points out that the petitioner / wife has also filed M.C.No.150 of 2022 before the Family Court, Madurai and the same is pending.

3. Even though the notice has been served on the respondent / husband, there is no appearance either in person or through counsel.

4. Considering the fact that M.C.No.150 of 2022 is pending before the Family Court, Madurai, and the petitioner / wife is residing with two minor children in Madurai, H.M.O.P.No.750 of 2022 pending 2/4

on the file of Family Court, Theni is hereby withdrawn and transferred to Family Court, Madurai, for further hearing.

5. With the above said observations, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 24.02.2023 NCC : Yes / No Index : Yes / No Sm To 1.The Family Court, Theni.

2.The Family Court, Madurai.

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

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R.

VIJAYAKUMAR , J.

Sm Order made in 24.02.2023 4/4