Madras High CourtTR CMP(MD)/616/2024disposed of

S.Arockiya Penciya v. P.Vijay

2025-03-12Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.14821 of 2024 S.Arockiya Penciya ... Petitioner Vs.

P.Vijay ... Respondent PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the O.P.No.1024 of 2024 before the Family Court No.V at Chennai and transfer the same to the Family Court, Sivagangai.

For Petitioner : Mr.P.Venkata Subramanian For Respondent : Mr.J.Saravanavel

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the O.P.No.1024 of 2024 on the file of the Family Court No.V, Chennai and transfer the same to the Family Court, Sivagangai. 1/4

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 26.11.2020 at Queen of the Mission Church, Kallal Post, Kallal, Karaikudi, Sivagangai District as per Christian Rites and Customs. Out of wedlock, they have no child. Due to misunderstanding between the parties, they have separated and the respondent/husband has filed a petition in O.P.No.1024 of 2024 on the file of the Family Court No.V, Chennai, seeking divorce. Since the petitioner/wife is a resident of Karaikudi, Sivagangai District, she finds it very difficult to travel around 1000 kms up and down from Sivagangai to Chennai. Hence, she seeks to transfer the case as prayed for. 3.Today (12.03.2025), when the matter is taken up for hearing, the learned counsel on either side agreed to transfer the case to any other Sub Court at Trichy.

4. Considering the facts and circumstances and also the submissions made by both side counsels, the proceedings in O.P.No.1024 of 2024 on the file of the Family Court No.V, Chennai, is hereby withdrawn and transferred to the file of the Principal Sub Court, Trichy. 2/4

5. The learned Judge, Family Court No.V, Chennai, is directed to transmit the entire records pertaining to the case in O.P.No.1024 of 2024 to the Principal Sub Court, Trichy within a period of three weeks from the date of receipt of a copy of this order. On receipt of records, the learned Principal Sub Judge, Trichy, is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.

6. Accordingly, this Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

12.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD To 1.The Family Court No.V, Chennai.

2.The Principal Sub Court, Trichy.

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

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P.VADAMALAI , J.

VSD Order made in and C.M.P(MD)No.14821 of 2024 12.03.2025 4/4