Madras High CourtTR CMP(MD)/552/2023disposed of

K. Swathi, v. V.Aravindhan

2023-11-29Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.12415 of 2023 K.Swathi ... Petitioner Vs.

V.Aravindhan ... Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in H.M.O.P.No.115 of 2022 on the file of the Sub Court, Chengalpattu, and transfer the same to the Family Court, For Petitioner : Mr.S.Sankar For Respondent : Mr.P.Ganapathi Subramanian

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Sub Court, Chengalpattu, in H.M.O.P.No.115 of 2022 and transfer the same to the Family Court, Tiruchirappalli. 1/4

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. It is evident from the records that the marriage between the petitioner and the respondent was solemnized on 03.09.2021, that subsequently, the respondent has filed a petition for divorce in H.M.O.P.No.115 of 2022 and the same is pending on the file of the Sub Court, Chengalpattu and that the petitioner has filed a complaint under the provisions of Domestic Violence Act and the same is pending in D.V.C.No.57 of 2022 on the file of the Additional Mahila Court,

4. The learned counsel appearing for the petitioner would submit that though the petitioner was working at Bangalore, at present she is working from home.

5. Considering the above facts and circumstances and also the submissions made on either side and also the fact that the petitioner is working from home and residing at Tiruchirappalli, this Court is inclined 2/4

to transfer the case in H.M.O.P.No.115 of 2022 from the file of the Sub Court, Chengalpattu, to the file of the Family Court, Tiruchirappalli.

6. Accordingly, the learned Subordinate Judge, Chengalpattu, is hereby directed to transmit the entire records in H.M.O.P.No.115 of 2022 to the file of the Family Court, Tiruchirappalli, within a period of 15 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge of Family Court, Tiruchirappalli, is directed to take the petition on file and proceed in accordance with law.

7. With the above direction, this Transfer Civil Miscellaneous Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

29.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm 3/4

K.MURALI SHANKAR ,J.

csm To

1. The Sub Court, Chengalpattu.

2. The Family Court, 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Order made in and C.M.P.(MD)No.12415 of 2023 Dated : 29.11.2023 4/4