A. Vasuki v. M. Alaguraja

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.8181 of 2022 A.Vasuki ... Petitioner/Respondent Vs.

M.Alaguraja

...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.675 of 2022 from the file of the Family Court, Theni and transfer the same to the file of the Family Court, Madurai within the time stipulated by this Court .

For Petitioner : Mr.S.Malaikani For Respondent : No Appearance 1/4

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer H.M.O.P.No.675 of 2022 pending on the file of the Family Court, Theni to Family Court, Madurai.

2. According to the learned counsel for the petitioner/wife, she is permanently residing at Madurai. She finds it difficult to travel on every occasion to attend hearings in Family Court, Theni. The learned counsel appearing for the petitioner further submits that the wife has filed H.M.O.P.No.724 of 2022 for restitution of conjugal rights and the same is pending before the Family Court, Madurai.

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

4. Considering the above said facts, H.M.O.P.No.675 of 2022 pending on the file of the Family Court, Theni is hereby withdrawn and transferred to Family Court, Madurai to be tried along with H.M.O.P.No. 724 of 2022.

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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, Madurai.

3.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