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Madras High CourtTR CMP(MD)/767/2022allowed

L.Lakshmipriya, v. S.Santhosh Kumar

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

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)No.12358 of 2022 L.Lakshmipriya ... Petitioner/Respondent Vs.

S.Santhosh Kumar

...Respondent/Petitioner

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to pass an order in withdraw the case in H.M.O.P.No.529 of 2022 pending on the file of the learned Family Court, Salem and transfer the same to the learned Family Court, Madurai or any other competent Court in Madurai within the time stipulated by this Court and for other reliefs.

For Petitioner : Mr.R.Senthil Kumar For Respondent : Mr.T.Ponramkumar 1/4

ORDER

The present petition has been filed by the wife seeking to transfer H.M.O.P.No.529 of 2022 pending on the file of Family Court, Salem to Family Court, Madurai.

2. According to the learned counsel appearing for the petitioner, due to matrimonial dispute, she is residing at Madurai along with her parents with her 2 minor children. She finds it difficult to travel to Salem for every hearing before the Family Court.

3. The learned counsel appearing for the respondent/husband has contended that if it is transferred to Family Court, Madurai, the Court will insist upon the personal appearance of the husband for every hearing and he made a request that the case may be transferred to Sub Court, Madurai.

4. Considering the above said facts, H.M.O.P.No.529 of 2022 pending on the file of Family Court, Salem is hereby withdrawn and transferred to Sub Court, Madurai.

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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 Petition is closed.

21.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Family Court, Salem.

2.The Sub Court, Madurai.

2.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