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Madras High CourtTR CMP(MD)/457/2023allowed

Jayalakshmi v. Pitchaimani

2024-02-09Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.9671 of 2023 Jayalakshmi ... Petitioner/Respondent Vs.

Pitchaimani ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to pass an order withdrawing the divorce petition in H.M.O.P.No.80 of 2023 on the file of the Principal Subordinate Court, Dindigul and to transfer the same to the file fo the Subordinate Court, Sankari.

For Petitioner : Mr.J.Barathan For Respondent : Mr.M.P.Senthil

ORDER

This petition has been filed seeking transfer to H.M.O.P.No.80 of 2023 from the file of the Principal Subordinate Court, Dindigul, to the 1/41/4

file of the Subordinate Court, Sankari.

2.The facts in brief:

The marriage between the parties was solemnized on 29.05.2017. Out of the above said wedlock they gave birth a male child on 07.07.2018 and a girl child on 21.09.2020. Thereafter the respondent and his family members harassed the petitioner. Now the present H.M.O.P. petition has been filed by him before the Principal Subordinate Court, Dindigul seeking divorce. Since the petitioner along with her children residing in her parents at Sankari, she is unable to attend every hearing at Dindigul. Hence, this petition.

3.Heard both sides.

4.The learned counsel for the respondent would submit that the matter may be transferred to the Sub Court, Karur. 5.Considering the facts and circumstances of the case and considering the convenience of both parties, the H.M.O.P.NO.80 of 2023 2/42/4

filed by the respondent on the file of the Principal Subordinate Court, Dindigul, is ordered to be withdrawn and transferred to the Family Court, Erode.

5.Accordingly, this transfer civil miscellaneous petition is disposed of. Consequently, connected miscellaneous petition is closed. 09.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Principal Subordinate Judge, Dindigul.

2.The Judge, Family Court, Erode.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

3/43/4

G.ILANGOVAN ,J.

TM 09.02.2024 4/44/4