M.Divya v. P.Mathivanan

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.8512 of 2022 M.Divya ... Petitioner/Respondent Vs.

P.Mathivanan

...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.20 of 2022 on the file of the Subordinate Court, Ramanathapuram and transfer the same to Family Court, Trichy and try along with the case in H.M.O.P.No.389 of 2022.

For Petitioner : Mr.S.Sankar 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.20 of 2022 on the file of the Subordinate Court, Ramanathapuram to Family Court, Trichy.

2. According to the learned counsel for the petitioner/wife, the wife is permanently residing at Trichy along with her parents and a 2 year old child. She finds it difficult to travel on every occasion to attend hearings in Family Court, Ramanathapuram. He further submits that the wife has filed H.M.O.P.No.389 of 2022 for restitution of conjugal rights and the same is pending before the Family Court, Trichy.

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Considering the above said facts, H.M.O.P.No.20 of 2022 on the file of the Subordinate Court, Ramanathapuram is hereby withdrawn and transferred to Family Court, Trichy to be tried along with H.M.O.P.No.389 of 2022.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 Subordinate Court, Ramanathapuram.

2.The Family Court, Trichy.

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