S.Mareeswari v. S.Sangili Kaalai

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)Nos.12101 & 12102 of 2022 S.Mareeswari ... Petitioner/Respondent Vs.

S.Sangili Kaalai

...Respondent/Petitioner

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in H.M.O.P.No.445 of 2022 on the file of the II Additional Family Court, Coimbatore and transfer to the Subordinate Court, Sivakasi.

For Petitioner : Mr.K.Dinesh For Respondent : Mr.S.Saravana Kumar 1/4

ORDER

The present petition has been filed by the wife seeking to transfer H.M.O.P.No.445 of 2022 pending on the file of II Additional Family Court, Coimbatore to Sub Court, Sivakasi.

2. According to the learned counsel for the petitioner/wife, the wife is a single woman with an obligation to take care of 2 minor children and she is not in a position to travel from Sivakasi to Coimbatore for every hearing.

3. However, the learned counsel appearing for the respondent/husband submits that there is some threat for him when he appears before the Sivakasi Family Court from the family members of his wife. However, the said allegation is strongly disputed by the learned counsel appearing for the wife.

4. Considering the facts and circumstances and consent of both the parties, H.M.O.P.No.445 of 2022 pending on the file of II Additional Family Court, Coimbatore is hereby withdrawn and transferred to Sub Court, Virudhunagar. 2/4

5. With the above said direction, this Transfer Civil Miscellaneous Petition is allowed to the extent as stated above. No costs. Consequently, connected Civil Miscellaneous Petitions are closed. 21.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The II Additional Family Court, Coimbatore.

2.The Sub Court, Virudhunagar.

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

R.

VIJAYAKUMAR ,J.

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gbg Order made in 21.02.2023 4/4