Madras High CourtTR CMP(MD)/792/2022allowed

Anushta Sagayamary v. David Antony Raj

2023-03-21Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.12647 of 2022 Anushta Sagayamary, D/o.Peter .. Petitioner

Versus

David Antony Raj, S/o.Michael Doss .. Respondent Prayer :- Petition filed under Section 24 of C.P.C., to withdraw I.D.O.P.No.169 of 2021, on the file of the Family Court, Cuddalore and transfer the same to the file of the Family Court, Kanyakumari @ Nagercoil.

For Petitioner :

Mr.V.Rajesh Babu For Respondent :

No Appearance

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the case in I.D.O.P.No.169 of 2021, on the file of the Family Court, Cuddalore and to transfer the same to the file of the Family Court, Kanyakumari @ Nagercoil. 1/4

2. Despite service of notice on the respondent, there is no representation on behalf of the respondent.

3. The petitioner has stated that she is staying with her parents at Nagercoil, Kanyakumari District and that the distance between Nagercoil and Cuddalore, where I.D.O.P.No.169 of 2021 is pending, is about 560 Kilometers one way. The petitioner has also pleaded that she is not employed and depending on her parents.

4. Considering the above, this Court is inclined to allow this Transfer Civil Miscellaneous Petition, by directing transfer of I.D.O.P.No.169 of 2021, pending on the file of the Family Court, Cuddalore, to the file of the Family Court, Kanyakumari District @ Nagercoil. The learned Judge, Family Court, Kanyakumari District @ Nagercoil, shall endeavour to dispose I.D.O.P.No.169 of 2021, on it being renumbered, as expeditiously as possible, preferably, within a period of 12 months from the date of receipt of a copy of this order.

5. This Transfer Civil Miscellaneous Petition stands allowed with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 21.03.2023 Index : Yes/No Internet : Yes/No smn2 2/4

To 1.The Judge, Family Court, Cuddalore.

2.The Judge, Family Court, Kanyakumari @ Nagercoil.

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C.SARAVANAN, J.

smn2 Order made in 21.03.2023 4/4