Jothi v. Balasubramaniyan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.8005 of 2022 Jothi ... Petitioner Vs.

Balasubramaniyan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw H.M.O.P.No.361 of 2021 pending on the file of the Family Court, Thiruppur and transfer the same to the Family Court, Pudukkottai.

For Petitioner : Mr.A.Balaji 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.361 of 2021 pending on the file of the Family Court, Thiruppur to be transferred to Family Court, Pudukkottai, on the ground that due to matrimonial dispute, she is residing at Pudukkottai along with her parents and her two disabled children.

2. The respondent / husband could not be served through the Court and hence, notice was directed to be served upon the learned counsel appearing for the respondent / husband in H.M.O.P.No.361 of 2021. Ms.Thilagavarma, learned counsel appeared for the respondent before the trial Court has received the same and she has made an endorsement that they have no objection.

4. In view of the above terms, H.M.O.P.No.361 of 2021 pending on the file of Family Court, Thiruppur, is hereby withdrawn and transferred to Family Court, Pudukkottai.

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5. With the above said observations, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 23.02.2023 NCC : Yes / No Index : Yes / No Sm TO:

1.The Family Court, Thiruppur.

2.The Family Court, Pudukkottai.

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

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R.

VIJAYAKUMAR , J.

Sm Order made in 23.02.2023 4/4