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Madras High CourtTR CMP(MD)/507/2021partly allowed

T.Vijayalakshmi, v. B.Alaguraj,

2022-02-08Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Tr.C.M.P.(MD).No.507 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI Tr.C.M.P.(MD).No.507 of 2021 and C.M.P.(MD)Nos.9400 & 9402 of 2021 T.Vijayalakhsmi

...Petitioner/Respondent

Vs.

B.Alaguraj

...Respondent/Petitioner

PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the H.M.O.P.No.151 of 2021 from the file of the Sub Court, Aruppukkottai, to the Sub-Court, Thirumangalam, Madurai District. For Petitioner : Mr.J.Jeyakumaran For Respondent : Mr.K.Gnana Sekaran

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw and transfer the case in H.M.O.P.No.151 of 2021 from the file of the Sub Court, Aruppukkottai, to the Sub-Court, Thirumangalam, Madurai District.

2.Heard on either side and perused the material documents placed before this Court.

3. The respondent herein/husband has filed a petition in H.M.O.P.No.151 of 2021 seeking divorce against her wife/petitioner herein.

4.The learned counsel appearing for the petitioner submitted that the marriage between the petitioner/wife and the respondent/husband was solemnized on 28.08.2020 as per Hindu rites and customs. After marriage, the respondent/husband and his family members harassed the petitioner and demanded Rs.2 lakhs as dowry and also driven out from her matrimonial home. After desertion, the petitioner is now presently living with her parents in Madurai District. Thereby, she seeks for transfer.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD).No.507 of 2021

5. The learned counsel appearing for the respondent/husband submitted that he is residing at Aruppukkottai and working at Coimbatore. He also agreed to transfer the case in Madurai District.

6. Considering the facts and circumstances of the case and also considering the submission made on either side, the case in H.M.O.P. No.151 of 2021 is withdrawn from the file of the learned Sub Court, Aruppukkottai and transferred to the file of the learned Sub Court.I, Madurai, for disposal as per law. The learned Sub Judge, Aruppukkottai, is directed to transmit the papers to the file of the learned Sub Court.I, Madurai, forthwith. The learned Sub Judge-I, Madurai, is directed to dispose H.M.O.P. No.151 of 2021 on merits and in accordance with law as expeditiously as possible. Both the parties are directed to appear before the learned Sub Judge.I, Madurai, on 07.03.2022.

7. In the result, this Transfer Civil Miscellaneous Petition is partly allowed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) ksa Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Sub Judge, Aruppukkottai.

2.The Sub Judge-I, Madurai.

+1 CC to M/s.K.GNANASEKARAN, Advocate ( SR-4957[F] dated 09/02/2022 ) Order made in Tr.C.M.P.(MD).No.507 of 2021 08.02.2022 srr(CO) TR(24.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2