Madras High CourtTR CMP(MD)/582/2022allowed

Mansha, v. Sanju

2023-04-13Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.9310 of 2022 Mansha ... Petitioner/Respondent Vs.

Sanju ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of Code of Civil Procedure, to withdraw the petition in I.D.O.P.No.118 of 2022 from the file of the Family Court, Chengalpattu and transfer the same to the file of the Family Court, Nagercoil, Kanyakumari District.

For Petitioner : No Appearance For Respondent : No Appearance

ORDER

The present transfer civil miscellaneous petition has been filed to transfer I.D.O.P.No.118 of 2022 from the Family Court, Chengalpattu, to the Family Court, Nagercoil, Kanyakumari District. 1/4

2.Despite notice being served through Court and privately on the respondent and the name being printed in the cause list, there is no representation on behalf of the respondent either in person or through counsel. There is no representation on behalf of the petitioner. 3.The reasons stated in the affidavit are as under:- "6.I state that I am not working in anywhere, and I am not able to meet out my as day to day affairs. I am depending upon the income of my aged parents, and I am not able to appear before the Family Court, Chengalpattu due to financial strain and the petitioner into untold hardship and mental agony.

7.I state that I am residing at Nagercoil, Kanyakumari District which is 642 kms away from Chengalpatty District and I have to travel near about 14.00 hours in Bus. My aged parents are not able to come with me to Chengalpattu and I am not able to spend ticket fare for myself."

4.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition. Hence, I.D.O.P.No.118 of 2022 is transferred from the file of Family Court, Chengalpattu, to Family Court, Nagercoil, Kanyakumari District. The Family Court, Nagercoil, Kanyakumari District, shall endeavour to complete the proceedings preferably within a period of 12 months from the date of receipt of a copy of this order.

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5.With the above observation, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

13.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No dss To 1.The Family Court, Chengalpattu.

2.The Family Court, Nagercoil, Kanyakumari District. 3/4

C.SARAVANAN ,J.

dss and C.M.P(MD)No.9310 of 2022 13.04.2023 4/4