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Madras High CourtTR CMP(MD)/518/2023disposed of

S.Nandhini v. Naveen Aravind

2023-12-07Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.11496 of 2023 S.Nandhini ... Petitioner/ Respondent Vs.

Naveen Aravind ... Respondent/ Petitioner Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to transfer the petition in H.M.O.P.No.223 of 2023 on the file of Family Court, Tirunelveli to the Principal Family Court, Chennai. For Petitioner : Mr.S.Ilavarasan For Respondent : No appearance

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Family Court, Tirunelveli, in H.M.O.P.No.223 of 2023 and transfer the same to the Principal Family Court, Chennai. 1/4

2. It is seen from the records that there was no representation for the respondent for the past two hearings and even today, there is no representation for the respondent.

3. Heard the learned counsel appearing for the petitioner.

4. It is seen from the records that the marriage between the petitioner and the respondent was solemnized on 20.01.2022 and they were blessed with a child.

5. The learned counsel appearing for the petitioner would submit that the respondent has filed the petition in H.M.O.P.No.223 of 2023 seeking divorce and the same is pending on the file of the Family Court, Tirunelveli, that the petitioner has filed maintenance case in M.C.No.454 of 2019 against the respondent and the same is pending on the file of the 1st Additional Family Court, Chennai and that since the petitioner is residing in Chennai, she finds it difficult to travel all along from Chennai to Tirunelveli.

6. Considering the facts and circumstances of the case and also taking note of the submission made by the learned counsel appearing for 2/4

the petitioner and also the fact that the petitioner is residing at Chennai and the maintenance case filed by the petitioner is pending on the file of the 1st Additional Family Court, Chennai, this Court is inclined to transfer the case in H.M.O.P.No.223 of 2023 from the file of the Family Court, Tirunelveli, to the file of the 1st Additional Family Court, Chennai

7. Accordingly, the learned Judge of Family Court, Tirunelveli, is hereby directed to transmit the entire records in H.M.O.P.No.223 of 2023 to the file of the 1st Additional Family Court, Chennai, within a period of 15 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge of 1st Additional Family Court, Chennai, is directed to take the petition on file and then to proceed in accordance with law.

8. In the result, the Transfer Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs. 07.12.2023 NCC :yes/No Index :yes/No Internet:yes/No csm 3/4

K.MURALI SHANKAR ,J.

csm To

1. The Family Court, Tirunelveli.

2. The 1st Additional Family Court, Chennai.

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

Order made in and C.M.P.(MD)No.11496 of 2023 Dated : 07.12.2023 4/4