Dr.S.Flomal Suneera v. Dr.Daniel Raj

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.585 of 2023 and C.M.P(MD)No.13163 of 2023 S.Flomal Suneera ... Petitioner Vs Daniel Raj ... Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the IDOP No.185 of 2023 on the file of the Family Court, Chengalpet and transfer the same to the Family Court, Tirunelveli.

For Petitioner : Mr.S.Mahalakshmi For Respondent : Mr.R.Rajaraman 1/5

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the IDOP No.185 of 2023 on the file of the Family Court, Chengalpet and transfer the same to the Family Court, Tirunelveli.

2. Learned counsel for the petitioner submitted that the petitioner is the wife of the respondent. The marriage between them was solemnized on 27.01.2021, by both side parents at Tirunelveli. They started matrimonial life in the respondent's house as a joint family. The respondent used to abuse the petitioner with offensive words with the guidance of her mother-in-law and sister-in-law. Some misunderstanding arose between them. Efforts were taken by the family elders to pacify them, but failed. The respondent herein filed I.D.O.P.No.185 of 2023 before the Family Court, Chengalpet, for dissolution of marriage. The petitioner is living with her parents at Tirunelveli. Since, she finds it very difficult to travel nearly 1124 kilometers to and from to attend the Court proceedings at Chengalpet, this present Civil Revision Petition came to be filed. 2/5

3. Eventhough, the petitioner is filed seeking a direction to transfer the case from the Famly Court, Chengalpet to the Family Court, Tirunelveli, both have come to the understanding that the matter may be transferred to the Principal District Court, Madurai.

4. When a Family Court is available at Madurai, it may not proper to transfer the case to the Principal District Court, Madurai. If the parties want to dispense their personal appearance before the Family Court, they can approach the Court by stating their grievance.

5. Considering the above submission on both sides, the case in I.D.O.P.No.185 of 2023 pending before the Family Court, Chengalpet, is transferred to the Family Court, Madurai. There shall be a direction to the learned Judge, Family Court, Chengalpet, to transfer the entire records in I.D.O.P.No.185 of 2023, immediately to the file of the Family Court, Madurai. After receiving the records, the learned Judge, Family Court, Madurai, may assign new number and issue notice to parties for appearance and dispose the case in accordance with law. If any petition to dispense the personal appearance of the parties is filed, the learned 3/5

Judge, Family Court, Madurai, shall consider the petition by taking into account the profession of the parties.

6. With the above direction, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

08.02.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The Judge, Family Court, Chengalpet.

2.The Judge, Family Court, Madurai.

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G.ILANGOVAN, J.

pnn

ORDER

IN TR.C.M.P(MD)No.585 of 2023 and C.M.P(MD)No.13163 of 2023 08.02.2024 5/5