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Madras High CourtTR CMP(MD)/544/2022allowed

Kavya, v. S.Vignesh,

2023-02-22Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Tr.C.M.P.(MD) No.544 of 2022 and CMP(MD).No.8661 of 2022 Kavya ... Petitioner -vsS.Vignesh ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw HMOP.No.37 of 2022 on the file of the Family Court, Theni and transfer the same to the file of Family Court, Coimbatore.

For Petitioner : M/s.A.Banumathy For Respondent : Mr.M.Sankar 1/4

O R D E R

The present Transfer Civil Miscellaneous Petition has been filed by the wife to transfer H.M.O.P.No.37 of 2022 pending on the file of Family Court, Theni to Family Court, Coimbatore.

2.According to the learned counsel appearing for the petitioner, the petitioner is employed as an I.T. Professional in Coimbatore and she is also a mother of 1 1⁄2 old kid. Hence, she is not in a position to travel to Theni for every hearing in the Family Court.

3.Per contra, the learned counsel appearing for the respondent had contended that it will be difficult for the respondent to travel to Coimbatore, especially being a Family Court, the said Court would insist upon the personal hearing of the husband.

4.Considering the above said fact, H.M.O.P.No.37 of 2022 is hereby withdrawn and the same is transferred to the file of Sub Court, Coimbatore. 2/4

5.This Transfer Civil Miscellaneous Petition stands allowed to the extent as stated above. No costs. Consequently, connected miscellaneous petition is closed.

22.02.2023 Internet : Yes / No Index : Yes / No msa To:

1.The Subordinate Court Coimbatore 2.The Family Court Theni 3.The Family Court Coimbatore 3/4

R.VIJAYAKUMAR, J.

msa Order made in Tr.C.M.P.(MD) No.544 of 2022 and CMP(MD).No.8661 of 2022 Dated:

22.02.2023 4/4