S.Boomika, v. P.Sangapuli @ Ranjithkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.10220 of 2022 S.Boomika ... Petitioner Vs.

P.Sangapuli @ Ranjithkumar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to pass an order to withdraw the case in H.M.O.P.No.245 of 2022 on the file of the Family Court, Sivaganga and transfer the same to Subordinate Court, Melur, Madurai District and try along with the case in H.M.O.P.No.120 of 2022. For Petitioner : Mr.S.Raja Mohamed For Respondent : Mr.P.Palani 1/4

ORDER

The present petition has been filed by the wife, seeking transfer of the case in H.M.O.P.No.245 of 2022 pending on the file of the Family Court, Sivaganga to be transferred to Subordinate Court, Melur, Madurai District, to be tried along with the case in H.M.O.P.No.120 of 2022.

2. According to the learned counsel appearing for the petitioner / wife, she is residing at Melur along with her aged parents and she finds it difficult to reach Sivaganga without the help of her aged parents.

3. However, learned counsel appearing for the respondent / husband strongly objected to the request for transfer on the ground that the petitioner could reach the Family Court, Sivaganga for her appearance.

4. Considering the fact that the petitioner / wife is residing with her aged parents at Melur and that the case in H.M.O.P.No.120 of 2022 is pending before the Subordinate Court, Melur, H.M.O.P.No.245 of 2/4

2022 pending on the file of Family Court, Sivaganga, is hereby withdrawn and transferred to Subordinate Court, Melur, Madurai District.

5. With the above said observations, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 23.02.2023 NCC : Yes / No Index : Yes / No Sm TO:

1.The Family Court, Sivaganga.

2.The Subordinate Court, Melur, Madurai District. 3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR , J.

Sm Order made in 23.02.2023 4/4