Karpagavalli v. Jothilingam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.10676 of 2023 Karpagavalli ... Petitioner/Respondent Vs.

Jothilingam ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case in H.M.O.P.No.225 of 2023 on the file of Principal Sub Court, Kumbakonam and transfer the same to the file of Family Court, Madurai, for the disposal of the case on merits in accordance with law.

For Petitioner : Mr.R.Ramanujam for M/s.Gandhi Associates For Respondent : Mr.M.Karunanithi

ORDER

This petition has been filed seeking withdraw the case in H.M.O.P.No.225 of 2023 on the file of Principal Sub Court, Kumbakonam and transfer the same to the file of Family Court, Madurai, 1/4

for the disposal of the case on merits in accordance with law. 2.The facts in brief:

The marriage was solemnized between the parties on 30.10.2020. Thereafter, the respondent and his family members demanded more dowry from the petitioner. Due which trouble was arose between them. Hence, the respondent filed the above said H.M.O.P. proceedings seeking divorce before the Principal Sub Court, Kumbakonam. The petitioner is residing at Madurai. Hence, she is unable to attend every hearing at Kumbakonam. Therefore, seeking transfer of the same, this petition has been filed. 3.Heard both sides.

4.The learned counsel for the respondent make his formal objections.

5.Considering the facts and circumstances of the case and considering the convenience of the wife, the H.M.O.P.No.225 of 2023 2/4

filed by the respondent on the file of the Principal Sub Court, Kumbakonam, is ordered to be withdrawn and transferred to the Family Court, Madurai.

6.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 20.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Principal Subordinate Judge, Kumbakonam. 2.The Judge, Family Court, Madurai.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 20.02.2024 4/4