Madras High CourtTR CMP(MD)/598/2023disposed of

G.Cynthiya v. R.Radhakrishnan

2023-12-12Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.598 of 2023 and C.M.P.(MD)No.13248 of 2023 G.Cynthiya : Petitioner/Respondent Vs.

R.Radhakrishnan : Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.100 of 2023 pending on the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Coimbatore.

For Petitioner : Mr.K.Vinothini For Respondent : Mr.N.S.Karthikeyan

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw and transfer the case in H.M.O.P.No.100 of 2023 on the file of the Family Court, Madurai to the Family Court, Coimbatore. 1/4

2. It is seen from the records that the marriage between the parties was solemnized on 25.06.2017 and they were blessed with a female child.

3. The learned counsel for the petitioner would submit that the petitioner was previously working at Trichy and now she is working and residing in Coimbatore and finds it very difficult to travel from Coimbatore to Madurai to attend the Court.

4. The learned counsel for the respondent would submit that the case may be referred to Mediation.

5. The learned counsel for the petitioner would submit that there is no scope for mediation, as already mediation ended in failure.

6. Considering the facts and circumstances of the case and also taking note of the residence of the petitioner, this Court is inclined to allow the petition.

7. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.100 of 2023 on the file of the Family Court, Madurai, 2/4

is hereby withdrawn and transferred to the file of the Family Court, Coimbatore. The learned Judge, Family Court, Madurai, is directed to transmit the records in H.M.O.P.No.100 of 2023 to the Family Court, Coimbatore, within a period of 15 days from the date of receipt of copy of this order and on receipt of the same, the learned Judge, Family Court, Coimbatore, is directed to take the same on file and proceed in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed. 12.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Judge, Family Court, Madurai.

2.The Judge, Family Court, Coimbatore.

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

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K.MURALI SHANKAR, J.

DAS Order made in Tr.C.M.P (MD).No.598 of 2023 and C.M.P.(MD)No.13248 of 2023 12.12.2023 4/4