Madras High CourtTR CMP(MD)/434/2019allowed

Nancy Navaranjitha, v. Rahman,

2019-11-29Honourable Ms. Justice P.T. Asha2 pages

TR.C.M.P.(MD) No.434 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.(MD) No.434 of 2019 and C.M.P.(MD) No.9985 of 2019 Nancy Navaranjitha ... Petitioner/Respondent vs.

Rahman ... Respondent/Petitioner Prayer:-This Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in I.D.O.P. 79 of 2019 on the file of the Family Court, Karur, and transfer the same to the file of Family Court, Madurai.

For Petitioner : Mr.S.Sukumar For Respondent : No appearance

ORDER

The above Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking to transfer the petition in I.D.OP.No.79 of 2019 from the file of the Family Court, Karur to the file of the Family Court, Madurai.

2.The learned counsel appearing for the petitioner/wife would submit that the petitioner had been subjected to great deal of mental harassment at her matrimonial home both by her in-laws and by the respondent/husband and that she had to leave her matrimonial home on account of harassment. The petitioner has been supported by her parents. The respondent has not paid any maintenance to the petitioner. Therefore, she is under the total care of her parents. The matter is now pending before the Family Court and therefore, the presence of the petitioner for every hearing is imperative which would cause physical hardship to the petitioner and additional financial burden to her parents. The learned counsel for the petitioner therefore requested this Court to allow this petition.

3. Heard the learned counsel appearing for the petitioner and there is no representation for the respondent. This Court has perused the papers.

4. This Court finds considerable force in the arguments put forth by the learned counsel appearing on behalf of the petitioner and hence, this Court is inclined to allow this petition as prayed for. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the petition in I.D.OP.No.79 of 2019 pending on the file of the Family Court, Karur, is ordered to be withdrawn and https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD) No.434 of 2019 transferred to the file of the Family Court, Madurai. The learned Judge, Family Court, Karur is directed to transmit the entire records of I.D.OP.No.79 of 2019 to the Family Court, Madurai as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) CM To 1.The Judge, Family Court, Madurai.

2.The Judge, Family Court, Karur.

+1 CC to M/s.S. SUKUMAR, Advocate ( SR-102772[F] dated 29/11/2019 ) TR.C.M.P.(MD) No.434 of 2019 and C.M.P.(MD) No.9985 of 2019 29.11.2019 KK/SAR/06.01.2020/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2