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Madras High CourtTR CMP(MD)/744/2022allowed

Sasikala, v. Ramesh Kumar

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.11827 of 2022 Sasikala ... Petitioner/ Respondent Vs.

Ramesh Kumar ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No. 209 of 2022 pending on the file of the learned Subordinate Court, Uthmapalayam, Theni District and transfer the same to the file of the learned Family Court, Madurai.

For Petitioner : Mr.C.M.Arumugam For Respondent : No appearance

ORDER

The present transfer civil miscellaneous Petition has been filed by the wife to transfer H.M.O.P.No.209 of 2022 pending on the file of the Subordinate Court, Uthmapayalam, Theni District, to Family Court 1/4

2. According to the learned counsel appearing for the petitioner, the petitioner is a permanent resident of Koodal Pudhur in Madurai District and due to matrimonial dispute, she is residing with her parents along with her one year old child. Therefore, she finds it difficult to attend every hearing at Uthmapayalam.

3. Though the husband has been served, he has not chosen to enter appearance either in person or through counsel.

4. Considering the aforesaid facts, H.M.O.P.No.209 of 2022 pending on the file of the Subordinate Court, Uthmapalayam, Theni District, is hereby withdrawn and transferred to Subordinate Court,

5. With the above observation, the Transfer Civil Miscellaneous Petition stands allowed to the extent as stated above. No costs. Consequently, connected Miscellaneous Petition is closed. 21.02.2023 NCC : Yes / No Index : Yes / No 2/4

Rmk To 1.The Subordinate Judge, Uthmapalayam, Theni District. 2.The Subordinate Judge, Madurai.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, 3/4

R.

VIJAYAKUMAR ,J.

Rmk Order made in 21.02.2023 4/4