J.Uthaya v. M.Johny Sathees Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.9528 of 2022 J.Uthaya ... Petitioner/ Respondent Vs.

M.JohnySathees Kumar ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w Order Rule 1(2) of the Code of Civil Procedure, to withdraw the I.D.O.P.No.174 of 2022 on the file of the Principal District Court Chengalpattu transferred and renumbered as I.D.O.P.No.248 of 2022 in Family Court, Chengalpattu and to transfer the same to the file of the Family court, Kanyakumari at Nagercoil.

For Petitioner : Mr.N.Dilipkumar For Respondent : Mr.A.Arul Jenifer

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer I.D.O.P.No.174 of 2022 pending on the file of the Family Court, Chengalpattu to be transferred to Family Court, Kanyakumari at Nagercoil.

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2. According to the learned counsel for the petitioner/wife, the petitioner is a permanent resident of Aloor in Kanyakumari District and hence, she finds it difficult to travel for every hearing to Family Court, Chengalpattu.

3.Considering the aforesaid facts, I.D.O.P.No.174 of 2022 pending on the file of the Family Court, Chengalpattu, is hereby withdrawn and transferred to Family Court, Nagercoil, Kanyakumari District. The learned Judge, Family Court, Nagercoil, is directed not to insist upon the personal appearance of the respondent/husband, unless it is compulsorily required.

5. With the above observation, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

27.02.2023 NCC : Yes / No Index : Yes / No Rmk 2/4

To 1.The Judge, Family Court, Chengalpattu.

2.The Judge, Family Court, Nagercoil, Kanyakumari District. 3/4

R.

VIJAYAKUMAR ,J.

Rmk Order made in 27.02.2023 4/4