Madras High CourtTR CMP(MD)/604/2023allowed

R. Punitha, v. Gopimanikandan,

2024-02-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN TR.C.M.P(MD)No.604 of 2023 and C.M.P(MD)No.13414 of 2023 R.Punitha ... Petitioner Vs Gopimanikandan ... Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.227 of 2023 on the file of the Learned Family Court, Sivagangai District and transfer the same to the Court of learned Subordinate Judge, Manapparai, Tiruchirappalli District.

For Petitioner : Mr.R.Ramachandran For Respondent : Mr.S.Balaji

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.227 of 2023 on the file of the Learned Family Court, 1/4

Sivagangai District and transfer the same to the Court of learned Subordinate Judge, Manapparai, Tiruchirappalli District.

2. The facts in brief is that the petitioner is the wife of the respondent. The marriage between them was solemnized on 06.07.2022, by both side parents at Viralimalai. They started matrimonial life in the respondent's house. A female child was born on 06.06.2023. Some misunderstanding arose between them. The respondent used to suspect the petitioner and harassed her. Later he filed H.M.O.P.No.227 of 2023 before the Family Court, Sivagangai. The petitioner is living with her parents at Manapparai. Since, she finds it very difficult to take care of her baby and travel nearly 240 kilometers to and from to attend the Court proceedings at Sivagangai, this present Civil Revision Petition came to be filed.

3. Learned counsel for the respondent submitted that the respondent has no objection to transfer the case to the learned Subordinate Judge, Manapparai, Tiruchirappalli District. 2/4

4. Considering the above submissions of both sides, the case in H.M.O.P.No.227 of 2023 pending before the Family Court, Sivagangai, is transferred to the Subordinate Court, Manapparai. There shall be a direction to the learned Judge, Family Court, Sivagangai, to transfer the entire records in H.M.O.P.No.227 of 2023, immediately to the file of the learned Subordinate Judge, Manapparai. After receiving the records, the learned Subordinate Judge, Manapparai, may assign new number and issue notice to parties for appearance and dispose the case in accordance with law.

5. With the above direction, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

08.02.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 3/4

G.ILANGOVAN, J.

pnn To 1.The Judge, Family Court, Sivagangai.

2.The Subordinate Judge, Manapparai.

ORDER

IN TR.C.M.P(MD)No.604 of 2023 and C.M.P(MD)No.13414 of 2023 08.02.2024 4/4