Karpagavalli, v. Vijay Aravindan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.16449 of 2024 Karpagavalli ... Petitioner Vs.

Vijay Aravindan ... Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw H.M.O.P.No.72 of 2024 on the file of the Sub Court, Melur and transfer the same to Family Court, Madurai. For Petitioner : Mr.M.Sendhil Kumar For Respondent : Mr.K.Rajiv

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Subordinate Court, Melur, in H.M.O.P.No.72 of 2024 and transfer the same to the file of the Family Court, Madurai. 1/4

2. Heard the learned counsel on either side.

3. It is evident from the records that the marriage between the petitioner and the respondent was solemnized on 13.12.2021. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.72 of 2024 seeking restitution of conjugal rights and the same is pending on the file of the Subordinate Court, Melur.

4. When the matter is taken up for hearing today, the learned counsel appearing for the respondent would submit that they are not having any objection to transfer the case as claimed by the petitioner.

5. Considering the above facts and circumstances and taking note of the submission made by the learned counsel appearing for the respondent, this Court is of the view that the case in H.M.O.P.No.72 of 2024 is ordered to be withdrawn from the file of the Subordinate Court, Melur, and transfer the same to the file of the Family Court, Madurai. Accordingly, the learned Subordinate Judge, Melur, is hereby directed to transmit the entire records in H.M.O.P.No.72 of 2024 to the file of the Family Court, 2/4

Madurai, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case records, the learned Judge of Family Court, Madurai, is directed to take up the petition 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.

03.12.2024 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Subordinate Judge, Melur.

2. The Judge of Family Court, Madurai.

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

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K.MURALI SHANKAR ,J.

csm Order made in and C.M.P.(MD)No.16449 of 2024 Dated : 03.12.2024 4/4