M.Pavithra v. M.Pradeep

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.12192 of 2022 M.Pavithra ... Petitioner/ Respondent Vs.

M.Pradeep ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to pass an order to withdraw the case in H.M.O.P.No.370 of 2022 pending on the file of the Family Court, Madurai and transfer the same to the Family Court, Thanjavur. For Petitioner : Mr.N.Ilango For Respondent : Mr.R.Srinivasan 1/5

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer H.M.O.P.No.370 of 2022 filed by the husband on the file of Family Court, Madurai seeking divorce.

2. According to the wife, she is residing permanently at Thanjavur with her father and hence, she is not able to travel to Madurai to attend the hearing in Family Court at Madurai.

3. The learned counsel appearing for the respondent/husband contended that there is a life threat to the petitioner at Madurai as well as at Thanjavur. Hence, he seeks to transfer H.M.O.P.No.370 of 2022 to some other place other than Madurai and Thanjavur.

4. The learned counsels appearing on either side have agreed to transfer H.M.O.P.No.370 of 2022 to the file of Sub-Court, Tiruchirappalli.

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5. In view of the above said facts, H.M.O.P.No.370 of 2022 pending on the file of the Family Court, Madurai is transferred to the file of Sub-Court, Tiruchirappalli. The learned Principal Subordinate Judge is directed to list the matter before the concerned Sub-Court.

6. With the aforesaid observations, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

09.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Family Court, Madurai.

2.The Sub-Court, Tiruchirappalli.

3.The Principal Subordinate Judge, Tiruchirappalli.

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

R.

VIJAYAKUMAR ,J.

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gbg Order made in 09.02.2023 5/5