P.Muneeshwari@Durga v. R.Saravanakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.15240 of 2023 P.Muneeshwari @ Durga ... Petitioner/Respondent Vs.

R.Saravanakumar ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer the above H.M.O.P.No.595 of 2022 from the learned Family Court at Thiruppur to the file of the Family Court at Madurai.

For Petitioner : Mr.S.Balasubramanian For Respondent : Mr.P.Arumugam

ORDER

This petition has been filed to withdraw and transfer the case in H.M.O.P.No.595 of 2022 from the file of the learned Family Court, Thiruppur to the file of the Family Court at Madurai. 1/4

2.The facts in brief:

The marriage was solemnized between the parties on 04.03.2018. Out of their wedlock they gave birth one male child and one female child. Thereafter, due to some misunderstanding they separated and the above said H.M.O.P. proceedings was initiated by the respondent before the Family Court, Thiruppur. The petitioner is facing difficulty to travel long distance to attend the above said proceedings at Thiruppur. Moreover, the petitioner filed D.V.O.P.No.108 of 2023 before the Additional Mahila Court, Madurai. Hence, seeking transfer this petition has been filed.

3.Heard the learned counsel on either side.

4.The learned counsel for the respondent would submit that the respondent is working as a Constable in Thiruppur. Hence, he make objection to entertain this petition.

5.Considering the facts and circumstances of the case, considering 2/4

the convenience of the wife and since already two matters are pending at Madurai, the H.M.O.P.No.595 of 2022 filed by the respondent on the file of the Family Court, Thiruppur, is ordered to be withdrawn and transferred to the Family Court, Madurai. However, the respondent shall make his request before the Family Court, Madurai itself for dispensing with his personal appearance before him and the same may be considered by the transferee Court by his profession.

6.Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected miscellaneous petition is closed. 12.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judge, Family Court, Thiruppur.

2.The Judge, Family Court, Madurai.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 12.02.2024 4/4