Ajitha v. Jeganathan

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.11948 of 2022 Ajitha ... Petitioner/Respondent Vs.

Jeganathan

...Respondent/Petitioner

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the H.M.O.P.No.121 of 2022 on the file of the learned Subordinate Court, Thirumangalam and transfer the same to the file of learned Family Court, Srivilliputhur, Virudhunagar District and try along with the M.C.No.15 of 2022 on the file of the learned Family Court, Sriviilliputhur, Virudhunagar District. For Petitioner : Mr.R.Karunanidhi For Respondent : No Appearance 1/4

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer H.M.O.P.No.121 of 2022 pending on the file of Sub Court, Thirumangalam to Family Court, Srivilliputhur, Virudhunagar District to be tried along with M.C.No.15 of 2022.

2. According to the learned counsel appearing for the petitioner/wife, she is a permanent resident of Srivilliputhur and she is residing there along with her parents with 2 year old girl child. Hence, she finds it difficult to travel all along to Thirumangalam to attend every hearing.

3. The respondent had filed caveat and one Mr.George Paul Anto had entered appearance as a counsel for the caveator. However, he has filed a Memo on 24.01.2023 indicating that he has returned the bundles along with change of vakalat to the party and he has also informed the Court that he has informed the client about the status of the case on 20.01.2023. The respondent/husband has not chosen to appear either in person or through any other counsel.

2/4

4. In view of the above said facts, H.M.O.P.No.121 of 2022 pending on the file of Sub Court, Thirumangalam is hereby withdrawn and transferred to the Family Court, Srivilliputhur, Virudhunagar District to be tried along with M.C.No.15 of 2022.

5. With the above said directions, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 21.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Sub Court, Thirumangalam.

2.The Family Court, Srivilliputhur, Virudhunagar District.

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

3/4

R.

VIJAYAKUMAR ,J.

gbg Order made in 21.02.2023 4/4