Akilandeshwari v. Kishore

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.13882 of 2024 Akilandeshwari : Petitioner Vs.

Kishore : Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.1295 of 2024 on the file of the Family Court, Coimbatore and transfer the same to the Family Court, Trichy.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.P.Saravanan

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.1295 of 2024 on the file of the Family Court, Coimbatore and transfer the same to the Family Court, Trichy. 1/4

2. It is evident from the records that the marriage between the petitioner and the respondent was solemnized on 18.12.2019. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.1295 of 2024 seeking divorce and the same is pending on the file of the Family Court, Coimbatore.

3. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Srirangam, Trichy and she finds it very difficult to travel from Trichy to Coimbatore to attend the hearings. He would further submit that since the petitioner has to take care of her old parents, the case may be transferred to the Family Court, Karur. He would further submit that she is having four years old female autism child.

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

5. Considering the facts and circumstances of the case and also the fact that the petitioner is residing at Trichy and she has to take care of her 2/4

four years old female autism child, the case in H.M.O.P.No.1295 of 2024 is ordered to be withdrawn from the file of the Family Court, Coimbatore and transfer to the file of the Family Court, Trichy. Accordingly, the learned Judge, Family Court, Coimbatore, is hereby directed to transmit the entire records in H.M.O.P.No.1295 of 2024 to the file of the Family Court, Trichy, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge, Family Court, Trichy, is directed to take up the petition on file and proceed in accordance with law.

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

12.11.2024 NCC :yes/No Index :yes/No Internet :yes/No das 3/4

K.MURALI SHANKAR ,J.

das To 1.The Judge, Family Court, Coimbatore.

2. The Judge, Family Court, Trichy.

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

Order made in Dated : 12.11.2024 4/4