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Madras High CourtTR CMP(MD)/540/2024allowed

Manikandan v. Rajalakshmi

2024-11-12Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.12853 of 2024 Manikandan ... Petitioner Vs.

Rajalakshmi ... Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and transfer the case in M.C.No.21 of 2024 on the file of the Family Court, Tirunelveli to the file of the Family Court, Madurai.

For Petitioner : Mr.V.Harikrishnan For Respondent : Mr.R.Jegadeeswaran

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in M.C.No.21 of 2024 on the file of the Family Court, Tirunelveli and transfer the same to the Family Court, Madurai. 1/4

2. Heard the learned counsel on either side.

3.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner as well as the respondent would submit that the respondent has filed a petition in Tr.C.M.P(MD)No.161 of 2024 seeking transfer of the case in H.M.O.P.No.51 of 2024 on the file of the Sub Court, Thiruvottiyur, Chennai to the Family Court, Tirunelveli and this Court considering the submissions made on either side, vide order, dated 03.07.2024 has transferred the case in H.M.O.P.No.51 of 2024 from the file of the Sub Court, Thiruvottiyur to the Family Court, Madurai.

4. The learned counsel appearing for the petitioner would submit that the respondent has filed a maintenance case in M.C.No.21 of 2024 and the same is pending on the file of the Family Court, Tirunelveli and that the petitioner is constrained to file the present petition.

5. The learned counsel appearing for the respondent would submit that they are not having any objection to transfer the case. 2/4

6. Considering the submissions made by the learned counsel on either side, the case in M.C.No.21 of 2024 is ordered to be withdrawn from the file of the Family Court, Tirunelveli and transferr to the file of the Family Court, Madurai. Accordingly, the learned Judge, Family Court, Tirunelveli, is hereby directed to transmit the entire records in M.C.No.21 of 2024 to the file of the Family Court, Madurai, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge, Family Court, Madurai, is directed to take up the petition on file and proceed in accordance with law.

7. With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

12.11.2024 NCC :yes/No Index :yes/No Internet :yes/No das 3/4

K.MURALI SHANKAR ,J.

das To 1.The Judge, Family Court, Tirunelveli.

2. The Judge, Family Court, Madurai.

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

Order made in and C.M.P.(MD)No.12853 of 2024 Dated : 12.11.2024 4/4