Madras High CourtTR CMP(MD)/599/2022allowed

K.Sowmiya, v. R.Vikas Pandian

2023-06-30Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) No.9542 of 2022 K.Sowmiya ... Petitioner Vs.

R.Vikas Pandian ... Respondent Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw H.M.O.P.No.97 of 2022 on the file of the Subordinate Court, Karur and transfer the same to the Family Court, Madurai.

For Petitioner : Mr.K.Manoharan For Respondent : Mr.S.Gokulraj

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to transfer H.M.O.P.No.97 of 2022 from the Subordinate Court, Karur to the Family Court, Madurai.

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2. The learned counsel for the respondent submits that the respondent has filed H.M.O.P.No.97 of 2022 for restitution of conjugal rights before the Subordinate Court, Karur and the Court may direct the parties to go for mediation.

3. The grounds, on which, the petitioner has sought for transfer of H.M.O.P.No.97 of 2022 from the Subordinate Court, Karur to the Family Court, Madurai, are that the petitioner is a resident of Madurai, whereas, the respondent is residing in Karur. The petitioner is aged about 24 years at the time of filing of the present Transfer Civil Miscellaneous Petition and is also taking care of 2 1⁄2 years old child and depending on her parents.

4. Considering the distance of 200 kms. between two Districts, I am inclined to allow this Transfer Civil Miscellaneous Petition. Therefore, H.M.O.P.No.97 of 2022 is directed to be transferred from the Subordinate Court, Karur to the Family Court, Madurai.

5. Considering the fact that the respondent is interested to join with the petitioner and has therefore filed H.M.O.P.No.97 of 2022 for Page No. 2 of 4

restitution of conjugal rights, the Family Court, Madurai shall endeavour to refer the parties to mediation for resolving the dispute amicably.

6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost. Consequently, connected Miscellaneous Petition is closed.

30.06.2023 NCC : Yes / No Internet: Yes/No Index: Yes/ No jen To 1.The Subordinate Court, Karur.

2.The Family Court, Madurai.

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C.SARAVANAN, J.

jen and C.M.P.(MD) No.9542 of 2022 30.06.2023 Page No. 4 of 4