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Madras High CourtTR CMP(MD)/702/2022allowed

Arthi Saranya, v. Sundarraj

2023-02-21Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.11115 of 2022 Arthi Saranya ... Petitioner/Respondent Vs.

Sundarraj ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the F.C.H.M.O.P.No.259 of 2022 on the file of the learned Family Court, Tiruppur and transfer the same to Family Court, Nagercoil and to tray along with M.C.No.52 of 2022 on the file of the learned Family Court, Nagercoil, Kanyakumari District.

For Petitioner : Mr.M.Natarajan For Respondent : Mr.K.Sudhakar

ORDER

The present transfer civil miscellaneous Petition has been filed by the wife seeking to transfer F.C.H.M.O.P.No.259 of 2022 pending on the file of the Family Court, Tiruppur, to be transferred to Family Court, Nagercoil, Kanyakumari District, to be tried along with M.C.NO.52 of 2022.

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2. According to the learned counsel appearing for the petitioner/wife, she is the permanent resident of Nagercoil, Kanyakumari District and she finds it difficult to attend every hearing at Family Court, Tiruppur.

3. Considering the aforesaid facts, F.C.H.M.O.P.No.259 of 2022 pending on the file of the Family Court, Tiruppur, is hereby withdrawn and transferred to the Family Court, Nagercoil, to be tried along with M.C.No.52 of 2022. The learned Judge, Family Court, Nagercoil, Kanyakumari District, is hereby directed not to insist upon the personal appearance of the respondent/husband herein, unless it is compulsorily required.

4. With the above observation, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

21.02.2023 NCC : Yes / No Index : Yes / No Rmk 2/4

To 1.The Judge, Family Court, Tiruppur.

2.The Judge, Family Court, Nagercoil, Kanyakumari District. 3/4

R.VIJAYAKUMAR ,J.

Rmk Order made in 21.02.2023 4/4