Sri Aswini v. Aravind

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.14454 of 2023 Sri Aswini ... Petitioner/Respondent Vs.

Aravind ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case F.C.O.P No.80 of 2023 on the file of Family Court, Vellore, Vellore District, to transfer the same to on file of Family Court, Madurai, Madurai District. For Petitioner : Mr.D.Balamurugapandi For Respondent : Mr.P.Balasubramanian

ORDER

This petition has been filed to withdraw the case F.C.O.P No.80 of 2023 on the file of Family Court, Vellore, Vellore District, to transfer the same to on file of Family Court, Madurai, Madurai District. 1/4

2.The facts in brief:

The marriage between the parties was solemnized on 18.01.2021. Out of the above said wedlock they begotten a female child. Thereafter, the petitioner was harassed by the respondent and her in laws. Hence, they were separated from each other. Due to the dispute between them, the respondent filed F.C.O.P.No.80 of 2023 on the file of the Family Court, Vellore, Vellore District. In the meantime, the petitioner filed a maintenance case in M.C.No.85 of 2023 before the Family Court, Madurai and D.V.O.P.No.102 of 2023 before the Additional Mahila Court, Madurai. It is now for the petitioner to inconvenient to travel for every hearing to Vellore. Hence, seeking transfer of the above said F.C.O.P proceedings to the Family Court, Madurai, this petition has been filed.

3.Heard both sides.

4.The learned counsel for the respondent would submit that the respondent has no objection to transfer the matter to the Family Court, Madurai. But, he requests to issue a direction to dispose of the above said 2/4

proceedings at the earliest.

5.Considering the facts and circumstances of the case and considering the convenience of the wife, the F.C.O.P.No.80 of 2023 filed by the respondent on the file of the Family Court, Vellore, is ordered to be withdrawn and transferred to the Family Court, Madurai. However, the respondent can make his request for speedy disposal before the transferee Court itself.

6.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. 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, Vellore, Vellore District. 2.The Judge, Family Court, Madurai, Madurai District. 3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 12.02.2024 4/4