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Madras High CourtTR CMP(MD)/618/2022allowed

C.Nithya, v. V.Chandireswaran

2023-03-21Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.9918 of 2022 C.Nithya .. Petitioner

Versus

V.Chandireswaran .. Respondent Prayer :- Petition filed under Section 24 of C.P.C., to withdraw the case bearing H.M.O.P.No.395 of 2022, on the file of the Family Court, Tiruppur, Tiruppur District and subsequently, transfer the same to the file of the Family Court, Nagercoil, Kanyakumari District, forthwith.

For Petitioner :

Mr.K.Prabakaran For Respondent :

No Appearance

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.395 of 2022, pending on the file of the Family Court, Tiruppur, Tiruppur District and transfer the same to the file of the Family Court, Nagercoil, Kanyakumari District.

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2. Despite service of notice on the respondent, there is no representation on behalf of the respondent.

3. It is the case of the petitioner that she is a cancer patient and cannot take the stress of travel from Nagercoil to Tiruppur, which is approximately 500 Kilometers.

4. Considering the above, this Transfer Civil Miscellaneous Petition is allowed. Accordingly, H.M.O.P.No.395 of 2022, pending on the file of the Family Court, Tiruppur, is directed to be transferred to the file of the Family Court, Nagercoil, Kanyakumari District. The learned Judge, Family Court, Nagercoil, Kanyakumari District, may endeavour to dispose H.M.O.P.No.395 of 2022, on it being re-numbered, as expeditiously as possible, preferably, within a period of 12 months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes/No 21.03.2023 Index : Yes/No Internet : Yes/No smn2 To 1.The Judge, Family Court, Tiruppur, Tiruppur District.

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2.The Judge, Family Court, Nagercoil, Kanyakumari Disrict.

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C.SARAVANAN, J.

smn2 Order made in 21.03.2023 4/4