Geetha, v. Loganathan

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.9102 of 2022 Geetha ... Petitioner/Respondent Vs.

Loganathan

...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.50 of 2022 on the file of the Learned Family Court, Tiruppur and transfer the same to the Learned Sub Court, Thuraiyur, Trichy and to be tried along with H.M.O.P.No.69 of 2022 on the file of the Learned Sub Court, Thuraiyur, Trichy.

For Petitioner : Mr.K.Sivabalan 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.50 of 2022 on the file of the Family Court, Tiruppur to Sub Court, Thuraiyur, Trichy.

2. According to the learned counsel for the petitioner/wife, she is permanently residing at Thuraiyur along with her parents and 1 and 1⁄2 year old daughter. She finds it difficult to travel on every occasion to attend hearings in Family Court, Tiruppur. The learned counsel appearing for the petitioner further submits that the wife has filed H.M.O.P.No.69 of 2022 for restitution of conjugal rights and the same is pending before the Sub Court, Thuraiyur.

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 Considering the above said facts, H.M.O.P.No.50 of 2022 on the file of the Family Court, Tiruppur is hereby withdrawn and transferred to Sub Court, Thuraiyur to be tried along with H.M.O.P.No. 69 of 2022.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 Family Court, Tiruppur.

2.The Sub Court, Thuraiyur.

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