S.Madhuraveni v. C.Sivakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.10865 of 2021 S.Madhuraveni ... Petitioner/Respondent Vs.

C.Sivakumar ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of Code of Civil Procedure, to withdraw the proceedings in H.M.O.P.No.995 of 2022, on the file of the Family Court at Coimbatore, and to transfer the same to the Family Court at Trichy to be tried along with H.M.O.P.No.375 of of 2022 field by the petitioner herein. For Petitioner : Mr.R.M.Mahes Kumaravel For Respondent : Mr.T.Veerakumar

ORDER

The present transfer civil miscellaneous petition has been filed to transfer H.M.O.P.No.995 of 2022 from the Family Court at Coimbatore, to the Family Court at Trichy and to try along with the case in H.M.O.P.No.375 of of 2022 on the file of Family Court at Trichy. 1/4

2.The petitioner expressed her difficulties in the affidavit filed in support of the present Transfer Civil Miscellaneous Petition. It is submitted that the petitioner is taking care of a minor child and she is depending on her parents for her maintenance and she has no means to support herself.

3.The learned counsel for the respondent opposes the petition on the ground that the respondent has to take care of aged parents. It is submitted that not possible for the respondent to participate the proceedings at Coimbatore. It is therefore submitted that HMOP.No.375 of 2022 filed by the petitioner may be transferred to Coimbatore for being tried along with HMOP.No.995 of 2022 filed by the respondent before the Family Court, Coimbatore.

4.I have considered the argument advanced by the learned counsel for the petitioner and the learned counsel for the respondent. 5.The petitioner has made out a case for transferring HMOP.No. 995 of 2022 pending on the file of the Family Court, Coimbatore for being tried along with HMOP.No.375 of 2022 before the Family Court, Trichy. This petition therefore stands allowed. 2/4

6.HMOP.No.995 of 2022 is directed to be transferred from Family Court, Coimbatore, to Family Court at Trichy for being tried along with H.M.O.P.No. 375 of 2022. The Family Court at Trichy, shall endeavour to dispose the respective proceedings as expeditiously as possible preferably within a period of 12 months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

06.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No dss To 1.The Family Court, Coimbatore.

2.The Family Court, Trichy.

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C.SARAVANAN ,J.

dss and C.M.P(MD)No.10865 of 2021 06.04.2023 4/4