M.Visalachi v. N.Sabari Prasad

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.11494 of 2024 M.Visalachi : Petitioner Vs.

N.Sabari Prasad : Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.19 of 2024 from the file of the Sub Court, Vedasanthur and transfer the same to the Family Court, Madurai District or any other competent Court in Madurai District. For Petitioner : Mr.K.Gokul For Respondent : Mr.S.Sarvagan Prabhu

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.19 of 2024 from the file of the Sub Court, Vedasanthur and transfer the same to the Family Court, Madurai District or any other competent Court in Madurai District. 1/4

2. It is evident from the records that the marriage between the petitioner and the respondent was solemnized on 11.11.2022. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.19 of 2024 seeking divorce and the same is pending on the file of the Sub Court, Vedasandhur.

3.The learned counsel appearing for the petitioner would submit that the respondent is working at Bangalore, but he is doing work from home at Madurai.

4. The learned counsel appearing for the respondent would submit that the petitioner is not residing at Madurai and she has given the address of her counsel on record.

5. The learned counsel appearing for the petitioner as well as the respondent would submit that the case may be transferred to some other Court and they are consenting to transfer to the Sub Court, Usilampatti. 2/4

6. Considering the facts and circumstances of the case and also the submissions made by the learned counsel on either side, this Court decides that the case in H.M.O.P.No.19 of 2024 is ordered to be withdrawn from the file of the Sub Court, Vedasanthur and transferred to the file of the Sub Court, Usilampatti. Accordingly, the learned Subordinate Judge, Vedasanthur, is hereby directed to transmit the entire records in H.M.O.P.No.19 of 2024 to the file of the Sub Court, Usilampatti, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Subordinate Judge, Usilampatti, is directed to take up the petition on file and proceed in accordance with law. 7.With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

28.11.2024 NCC :yes/No Index :yes/No Internet :yes/No das 3/4

K.MURALI SHANKAR ,J.

das To

1. The Subordinate Judge, Vedasanthur.

2.The Subordinate Judge, Usilampatti.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Order made in and C.M.P.(MD)No.11494 of 2024 Dated : 28.11.2024 4/4