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Madras High CourtTR CMP(MD)/604/2022allowed

Saranya, v. Ananth,

2023-02-23Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.9718 of 2022 Saranya ... Petitioner/ Respondent Vs.

Ananth ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in H.M.O.P.No.204 of 2022 pending on the file of the Principal Sub Court, Trichy and transfer the same to the Family Court, Thanjavur within the time stipulated by this Court.

For Petitioner : Mr.C.Ezhilarasu For Respondent : Mr.M.Karunanithi 1/4

ORDER

The present petition has been filed by the wife, seeking transfer of the case in H.M.O.P.No.204 of 2022 pending on the file of the Principal Sub Court, Trichy to be transferred to the Family Court, Thanjavur, on the ground that she is residing in Thanjavur along with her family members.

2. However, the learned counsel appearing for the respondent / husband expressed that if the case in H.M.O.P.No.204 of 2022 is transferred to the Family Court, Thanjavur, the respondent / husband would be compelled to appear in person for every hearing.

3. Considering the above said facts, H.M.O.P.No.204 of 2022 pending on the file of Principal Sub Court, Trichy is hereby withdrawn and transferred to Sub Court, Thanjavur, for further hearing. 2/4

4. With the above said observations, this Transfer Civil Miscellaneous Petition stands allowed to the extent as stated above. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 23.02.2023 NCC : Yes / No Index : Yes / No Sm To 1.The Principal Sub Court, Trichy.

2.The Family Court, Thanjavur.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

3/4

R.

VIJAYAKUMAR , J.

Sm Order made in 23.02.2023 4/4