S.Saranya v. G.Karthick Pandian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.16257 of 2024 S.Saranya ... Petitioner Vs.

G.Karthick Pandian ... Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the H.M.O.P.No.165 of 2023 on the file of the Principal Sub Court, Dindigul and to transfer the same to the Family Court, Madurai.

For Petitioner : Mr.C.Narendren For Respondent : Mr.P.Selvakumar

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Principal Subordinate Court, Dindigul, in H.M.O.P.No.165 of 2023 and transfer the same to the file of the Family 1/4

Court, Madurai.

2. Heard the learned counsel on either side.

3. It is evident from the records that the marriage between the petitioner and the respondent was solemnized on 10.07.2011. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.165 of 2023 seeking divorce and the same is pending on the file of the Principal Subordinate Court, Dindigul.

4. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Madurai and is having female child and finds it difficult to travel from Madurai to Dindigul to attend the hearings.

5. The learned counsel appearing for the respondent would raise objections and submit that the case may be transferred to any Subordinate Court at Madurai.

6. Considering the above facts and circumstances of the case and 2/4

also taking note of the submissions made on either side and also the petitioner's residence, this Court is of the view that the case in H.M.O.P.No.165 of 2023 is ordered to be withdrawn from the file of the Principal Subordinate Court, Dindigul, and transfer the same to the file of the Family Court, Madurai. Accordingly, the learned Principal Subordinate Judge, Dindigul, is hereby directed to transmit the entire records in H.M.O.P.No.165 of 2023 to the file of the Family Court, Madurai, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge of Family Court, Madurai, is directed to take up the petition on file and proceed in accordance with law.

7. With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

11.12.2024 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Principal Subordinate Court, Dindigul.

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K.MURALI SHANKAR ,J.

csm

2. The Family Court, Madurai.

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

Order made in and C.M.P.(MD)No.16257 of 2024 Dated : 11.12.2024 4/4