Madras High CourtTR CMP(MD)/705/2022allowed

A.Benziya Mary, v. B.Arun

2023-02-21Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.11241 of 2022 A.Benziya Mary ... Petitioner/Respondent-wife Vs.

B.Arun ... Respondent/Petitioner-husband PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of the Code of Civil Procedure, to withdraw the case in I.D.O.P.No.3721 of 2022 pending on the file of the I Additional Family court, Chennai and transfer the same to the file of Family Court, Thoothukudi.

For Petitioner : Mr.D.Srinivasaragavan For Respondent : Mr.K.Rajeswaran

ORDER

The present transfer civil miscellaneous Petition has been filed by the wife seeking to transfer I.D.O.P.No.3721 of 2022 pending on the file of the I Additional Family Court, Chennai, to be transferred to Family Court, Thoothukudi.

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2. According to the learned counsel appearing for the petitioner/wife, the petitioner is residing with her parents at Puliampatti near Thoothukudi and she finds it difficult to travel Chennai for attending every hearing before the I Additional Family Court.

3. Per contra, the learned counsel appearing for the respondent/husband submitted that there is a threat for him, when he entered in to Thoothukudi District.

4. Considering the facts and circumstances, the respondent/husband is a Grade-II Police Constable, his allegation seems to be unfounded. Incase, if any incident takes place, it is for him to lodge a complaint either before the Judicial Officer or concerned Police Station.

5. In view of the aforesaid facts, I.D.O.P.No.3721 of 2022 pending on the file of the I Additional Family Court, Chennai, is hereby withdrawn and transferred to the District Court, Thoothukudi. 2/4

6. With the above observation, the Transfer Civil Miscellaneous Petition is allowed to the extent as stated above. No costs. Consequently, connected Miscellaneous Petition is closed. 21.02.2023 NCC : Yes / No Index : Yes / No Rmk To 1.The Judge (I Additional Family Court), Chennai. 2.The District Judge, Thoothukudi.

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R.VIJAYAKUMAR ,J.

Rmk Order made in 21.02.2023 4/4