R.Abinaya v. T.Ramesh Kumar

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.595 of 2023 and C.M.P(MD)No.13239 of 2023 R.Abinaya ... Petitioner Vs T.Ramesh Kumar ... Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.63 of 2023 on the file of the Learned Family Court, Srivilliputhur in Virudhunagar District and transfer the same to the learned Subordinate Court, Kovilpatti, in Thoothukudi District, for adjudication.

For Petitioner : Mr.S.Mahalakshmi For Respondent : Mr.M.Seeni sulthan 1/4

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.63 of 2023 on the file of the Learned Family Court, Srivilliputhur in Virudhunagar District and transfer the same to the learned Subordinate Court, Kovilpatti, in Thoothukudi District, for adjudication.

2. The facts in brief is that the petitioner is the wife of the respondent. The marriage between them was solemnized on 11.02.2022, by both side parents at Watrap. This is the second marriage for both the petitoner and respondent. They started matrimonial life in the respondent's house. Some misunderstanding arose between them. Later the respondent filed H.M.O.P.No.63 of 2023 before the Family Court, Srivilliputhur at Virudhunagar District. Since the petitioner's mother and father passed away, now the petitioner is living at Kovilpatti. Since, she finds it very difficult to travel nearly 65 kilometers to and from to attend the Court proceedings at Virudhunagar, this present Civil Revision Petition came to be filed.

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3. Learned counsel for the respondent submitted that the respondent will be satisfied, if the case is transferred to the Family Court, Sattur.

4. Considering the above submissions of both sides, the case in H.M.O.P.No.63 of 2023 pending before the Family Court, Srivilliputhur, Virudhunagar District, is transferred to the Family Court, Sattur. There shall be a direction to the learned Judge, Family Court, Srivilliputhur, to transfer the entire records in H.M.O.P.No.63 of 2023, immediately to the file of the learned Judge, Family Court, Sattur. After receiving the records, the learned Judge, Family Court, Sattur, may assign new number and issue notice to parties for appearance and dispose the case in accordance with law.

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

NCC :Yes/No 08.02.2024 Index :Yes/No Internet : Yes/ No pnn 3/4

G.ILANGOVAN, J.

pnn To 1.The Judge, Family Court, Srivilliputhur, Virudhunagar District.

2. The Judge, Family Court, Sattur.

ORDER

IN TR.C.M.P(MD)No.595 of 2023 and C.M.P(MD)No.13239 of 2023 08.02.2024 4/4