G.Parthasarathy v. V.Soniya Gandhi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN TR. C.M.P.(MD)No.514 of 2023 and CMP(MD)No. 11323 of 2023 G.Parthasarathy

...Petitioner/Respondent

Vs.

V.Soniya Gandhi

...Respondent/Petitioner

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C to withdraw the case on the file of the learned Additional Mahila Magistrate, Salem, in D.V.O.P.No.1 of 2022 and transfer the same to the learned Mahila Magistrate, Karur. For Petitioner : Mr.N.Shanmugaselvam For Respondent : Mr. N.Sudhagar Nagaraj

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking transfer of D.V.O.P.No.1 of 2022 from the file of the learned Additional Mahila Magistrate, Salem to the file of the learned Mahila Magistrate, Karur.

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2. The learned Counsel appearing for the petitioner would aver, among other things, that D.V.O.P.No.1 of 2022 is filed by the respondent/wife before the Additional Mahila Magistrate, Salem for monetary relief and compensation. The learned counsel for petitioner also submits H.M.O.P.No.19 of 2022 filed by the respondent/wife is pending before the Sub Court, Kulithalai, for divorce and the petitioner seeks for transfer of D.V.O.P.No.1 of 2022 to the file of the Mahila Magistrate, Karur, since the petitioner is residing at Karur.

3. The learned counsel for the respondent has no objection to allow this petition.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials placed on record.

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5. Since the respondent/wife has no objection to allow this petition, I am inclined to allow this Transfer Civil Miscellaneous Petition. Accordingly, this petition is allowed with the following direction:

"The Additional Mahila Magistrate, Salem, is directed to transmit the entire records in D.V.O.P.No.1 of 2022 to the file of the Mahila Magistrate, Karur, within a period of two weeks from the date of receipt of copy of this order for disposal on merits".

No costs. Consequently, connected miscellaneous petition is closed. 08.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM 3/5

To 1.The Additional Mahila Magistrate, Salem 2.The Mahila Magistrate, Karur 3.The Section Officer, V.R Section, Madurai Bench of Madras High Court, Madurai.

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G. ILANGOVAN, J.

CM TR. C.M.P.(MD)No.514 of 2023 and CMP(MD)No. 11323 of 2023 08.02.2024 5/5