Dr.T.Vivek Ananda Raja Rajan v. Dr.K.Nancy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI Tr.C.M.P(MD)No.491 of 2023 and C.M.P(MD)No.10628 of 2023 T.Vivek Ananda Raja Rajan ... Petitioner Vs.

K.Nancy ... Respondent Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.1191 of 2021 on the file of the Family Court, Madurai, and transfer the same to the Family Court, Srivilliputhur.

For Petitioner :Mr.S.Srikanth, For M/s.APN Law Associates

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Family Court, Madurai, in H.M.O.P.No.1191 of 2021 and transfer the same to the Family Court, Srivilliputhur. 2.Heard the learned counsel appearing for the petitioner and also perused the materials available on record.

3.The learned counsel appearing for the petitioner/husband submitted that the marriage between the petitioner and the respondent was solemnized on 27.11.2020. Due to some misunderstanding arose between them, the respondent filed a petition in H.M.O.P.No.1191 of 2021 for dissolution of marriage. Pursuant to which, the respondent/wife filed another petition in H.M.O.P.No.51 of 2023 for restitution of conjugal rights before the Family Court, Srivilliputhur. The revision petitioner is a doctor and now he is working at New Delhi. The learned counsel further submitted that as there are two cases pending before two different Courts, even if both the cases are taken up for hearing on the same day, it will become very difficult for him to attend both the hearings. Hence, he prays for transferring the case from Madurai to Srivilliputhur.

4.The learned counsel appearing for the respondent submitted that the respondent/wife has no objection for transferring the case from Madurai to Srivilliputhur.

5.Accordingly, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.1191 of 2021 pending on the file of the Family Court, Madurai, is ordered to be withdrawn and transferred to the file of the Family Court, Srivilliputhur to be tried along with the H.M.O.P.No.51 of 2023. The learned Judge, Family Court, Madurai, is directed to transmit the entire

records pertaining to the case in H.M.O.P.No.1191 of 2021 to the transferee Court, within a week from the date of receipt of a copy of this order, if the same is not yet disposed of. The Registry is also directed to send back the papers that are pending before the Registry if any. No costs. Consequently, the connected miscellaneous petition is closed. 24.08.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Family Court, Madurai.

2.The Family Court, Srivilliputhur.

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

K.GOVINDARAJAN THILAKAVADI, J.

Ns Tr.C.M.P(MD)No.491 of 2023 and C.M.P(MD)No.10628 of 2023 24.08.2023