K.Anandhi v. R.Vijayakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.655 of 2023 and C.M.P.(MD)No.14509 of 2023 K.Anandhi : Petitioner/Respondent Vs.

R.Vijayakumar : Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the proceeding in H.M.O.P.No.2936 of 2023 on the file of the Family Court, Chennai to the Family Court, Madurai. For Petitioner : Mr.S.S.Sundarapandian For Respondent : Mr.Auxilia Peter

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw and transfer the case in H.M.O.P.No.2936 of 2023 on the file of the Family Court, Chennai to the Family Court, Madurai. 1/4

2. It is not in dispute that the marriage between the petitioner and the respondent was solemnized on 15.03.2021 and that they were not blessed with any children.

3. The learned counsel for the petitioner would submit that the petitioner is now residing at Madurai and finds it very difficult to travel Chennai from Madurai to attend the hearings.

4. The learned counsel for the respondent has filed a counter affidavit, disputing the petitioner's averments and raised allegations that the petitioner had attacked the respondent and caused injuries and that he is opposing for transferring the case from Chennai to Madurai.

5. Considering the facts and circumstances of the case and also taking note of the submissions made by the learned counsel on either side, this Court is inclined transfer the H.M.O.P.No.2936 of 2023 from the file of the Family Court, Chennai to the Family Court, Trichy.

6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.2936 of 2023 on the file of the Family Court, 2/4

Chennai, is hereby withdrawn and transferred to the file of the Family Court, Trichy. The learned Judge, Family Court, Chennai, is directed to transit the records in H.M.O.P.No.2936 of 2033 to the Family Court, Trichy, within a period of 15 days from the date of receipt of copy of this order and on receipt of the same, the learned Judge, Family Court, Trichy, is directed to take the same on file and proceed in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed.

08.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Judge, Family Court, Chennai.

2.The Judge, Family Court, Madurai.

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

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K.MURALI SHANKAR, J.

DAS Tr.C.M.P (MD).No.655 of 2023 and C.M.P.(MD)No.14509 of 2023 08.12.2023 4/4