Boopathi v. Panneerselvam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.12807 of 2023 Boopathi ... Petitioner/Respondent Vs.

Pannerselvam ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the HMOP No.209 of 2023 on the file of the Learned Family Court, Cuddalore and to transfer the same to the learned III Subordinate Court Madurai or any other competent court. For Petitioner : Mr.S.A.Ajmalkhan For Respondent : No Appearance

ORDER

This petition has been filed to withdrawHMOP No.209 of 2023 on the file of the Learned Family Court, Cuddalore and to transfer the same to the learned III Subordinate Court Madurai or any other competent 1/4

court.

2.The facts in brief:

The marriage was solemnized between the parties on 20.04.1986. Out of their wedlock they gave birth a male child. Thereafter, due to some misunderstanding they separated and the above said H.M.O.P. proceedings was initiated by the respondent before the Family Court, Cuddalore. In the meantime, the petitioner filed maintenance case before the learned Judicial Magistrate, Vadipatti, Madurai District. Moreover, the petitioner is facing difficulty to travel very long distance to attend the above said proceedings at Uthamapalayam. Hence, seeking transfer of the same to the III Additional Subordinate Court, Madurai, or any other Court in Madurai District, this petition has been filed.

3.Heard the learned counsel for the petitioner. Even though the respondent was served with notice, none appears on behalf of him. His name was also printed in the cause list.

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4.Considering the facts and circumstances of the case and considering the convenience of the wife, the H.M.O.P. No.209 of 2023 filed by the respondent on the file of the Family Court, Cuddalore, is ordered to be withdrawn and transferred to the Family Court, Madurai. 5.Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected miscellaneous petition is closed. 12.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judge, Family Court, Cuddalore.

2.The Judge, Family Court, Madurai.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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