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Madras High CourtTR CMP(MD)/690/2023allowed

Rajam v. Subash

2024-02-01Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.15394 of 2023 Rajam ... Petitioner/Respondent Vs.

Subash ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.243 of 2022 on the file of the Family Court, Madurai and transfer the same to the Family Court, Tirunelveli District.

For Petitioner : Mr.R.Pon Karthikeyan For Respondent : No Appearance

ORDER

This petition has been filed seeking transfer of H.M.O.P.No.243 of 2022 from the file of the Family Court, Madurai to the file of the Family Court, Tirunelveli.

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2.The facts in brief:

It is a matrimonial dispute between the parties. The marriage was solemnized between them on 23.01.2015. Due to the above said wedlock they have blessed with a son on 21.01.2016. Thereafter, there was misunderstanding between the parties. It is alleged that due to continuous harassment, the petitioner went from the matrimonial home along with her son and residing with her parents. In the meantime, H.M.O.P.No.243 of 2022 has been filed by the respondent/husband before the Family Court, seeking divorce. Since the petitioner facing difficulty to travel to attend the hearing at Family Court, Madurai, this petition has been filed seeking transfer of the same to the Family Court, Tirunelveli.

3.Heard the learned counsel for the petitioner. Even though the respondent was served with notice, none appears on behalf of him. His name was also printed in the cause list.

4.Considering the facts and circumstances of the case and considering the convenience of the wife, the H.M.O.P.No.243 of 2022 2/4

filed by the respondent on the file of the Family Court, Madurai, is ordered to be withdrawn and transferred to the Family Court, Tirunelveli. 5.Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected miscellaneous petition is closed. 01.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

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

2.The Judge, Family Court, Tirunelveli.

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 01.02.2024 4/4