V.Nithya @ Kulanthaiarasi v. M.Suresh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.10486 of 2023 V.Nithya @ Kulanthaiarasi ... Petitioner/ Respondent/ Wife Vs.

M.Suresh ... Respondent/ Petitioner/ Husband Prayer : This Transfer Civil Miscellaneous Petition filed under Section 151 C.P.C., to withdraw H.M.O.P.No.1062 of 2023 pending before the Family Court of Coimbatore and transfer the same to Sub Court, Pattukottai.

For Petitioner : Mr.T.Eashwar For Respondent : No appearance 1/4

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Family Court, Coimbatore, in H.M.O.P.No.1062 of 2023 and transfer the same to the Sub Court, Pattukottai.

2. Despite the receipt of private notice, the respondent has not turned up.

3. Heard the learned counsel appearing for the petitioner.

4. It is seen from the records that the marriage between the petitioner and the respondent was solemnized on 03.06.2022.

5. The learned counsel appearing for the petitioner would submit that the respondent has filed the above petition in H.M.O.P.No.1062 of 2023 seeking divorce on the ground of cruelty and the same is pending on the file of the Family Court, Coimbatore. He would further submit that the petitioner, who is the resident of Pattukottai, Thanjavur District, has to travel all along from Pattukottai to Coimbatore to attend the hearings and 2/4

she is working in Nokia company and as of now, she is working from home.

6. Considering the facts and circumstances and also the fact that the petitioner is a resident of Pattukottai, Thanjavur District, this Court is inclined to transfer the case from the file of the Family Court, Coimbatore, to the file of the Family Court, Thanjavur. Accordingly, the learned Judge of Family Court, Coimbatore, is hereby directed to transmit the entire records in H.M.O.P.No.1062 of 2023 to the file of the Family Court, Thanjavur, within a period of 15 days from the date of receipt of a copy of this order and on receiving the case records, the learned Judge of Family Court, Thanjavur, is directed to take the petition on file and proceed in accordance with law.

7. With the above direction, this Transfer Civil Miscellaneous Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

27.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm 3/4

K.MURALI SHANKAR ,J.

csm To

1. The Family Court, Coimbatore.

2. The Family Court, Thanjavur.

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

Order made in and C.M.P.(MD)No.10486 of 2023 Dated : 27.11.2023 4/4