A.Shajahan Babu v. Amreen

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.572 of 2024 and C.M.P(MD)No.13512 of 2024 A.Shajahan Babu : Petitioner Vs.

Amreen : Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the suit petition in O.S.No.14 of 2024 on the file of the Family Court, Karur and transfer the same to the Family Court, Tiruchirppalli.

For Petitioner : Mr.S.P.Naveenkumar For Respondent : No Appearance.

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the suit petition in O.S.No.14 of 2024 on the file of the Family Court, Karur and transfer the same to the Family Court, Tiruchirppalli. 1/4

2. It is evident from the records that the marriage between the parties was solemnized on 19.02.2012 and due to their wed-lock, they were blessed with two female children. It is not in dispute that the respondent has filed a suit in O.S.No.14 of 2024, seeking divorce and the same is pending on the file of the Family Court, Karur.

3.The learned counsel for the petitioner would submit that the petitioner is working as Fitter in OFT (Defence Ordinance Factory) Trichy and he has to take care of his two female children and finds it very difficult to travel from Trichy to Karur to attend the hearings.

4. Despite receipt of notice, the respondent has not turned up. 5.Considering the facts and circumstances of the case and taking note of the fact that the petitioner is residing at Trichy and also the fact that he has to take care of his two female children, this Court is of the view that the suit in O.S.No.14 of 2024, is ordered to be withdrawn from the file of the Family Court, Karur and transfer the same to the file of the Family Court, Trichy. Accordingly, the learned Judge, Family Court, Karur, is hereby directed to 2/4

transmit the entire records in O.S.No.14 of 2024 to the file of the Family Court, Trichy, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge, Family Court, Trichy, is directed to take up the suit on file and proceed in accordance with law.

6. With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

28.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Judge, Family Court, Karur.

2.The Judge, Family Court, Trichy.

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

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K.MURALI SHANKAR, J.

DAS Order made in Tr.C.M.P (MD).No.572 of 2024 and C.M.P(MD)No.13512 of 2024 28.01.2025 4/4