N.Ramya, v. M.Arunraj

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.10347 of 2022 N.Ramya ... Petitioner/Respondent Vs.

M.Arunraj ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.161 of 2022 on the file of the Subordinate Court, Aruppukottai and transfer the same to the file of Family Court, Kanyakumari District, Nagercoil. For Petitioner : Mr.A.Mohamed Haneef For Respondent : No appearance

ORDER

The present transfer civil miscellaneous Petition has been filed by the wife seeking to transfer H.M.O.P.No.161 of 2022 pending on the file of the Subordinate Court, Aruppukkottai, to be transferred to the Family Court, Kanyakumari District, Nagercoil.

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2. According to the learned counsel for the petitioner, due to matrimonial dispute, the petitioner/wife is residing with her parents at Kottar, Agastheeswaram Taluk, Kanyakumari District. However, the respondent/husband has filed the present H.M.O.P.No.161 of 2022 before the Subordinate Court, Aruppukkottai. She finds it difficult to travel for every hearing to Aruppukkottai.

3. Though the respondent/husband has been served, there is no appearance either in person or through counsel.

4. Considering the fact that the wife is residing with her parents at Kottar, Agastheeswaram Taluk, Kanyakumari District, H.M.O.P.No.161 of 2022 pending on the file of the Subordinate Court, Aruppukkottai, is hereby withdrawn and transferred to the file of Family Court, Kanyakumari District at Nagercoil.

5. 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 2/4

Rmk To 1.The Subordinate Judge, Aruppukkottai.

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

R.VIJAYAKUMAR ,J.

Rmk Order made in 21.02.2023 4/4