P.Nishanthi v. V.Sasikumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.12706 of 2022 P.Nishanthi ... Petitioner/ Respondent Vs.

V.Sasikumar ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in O.P.No.202 of 2022 pending on the file of the Family Court, Sivagangai and transfer the same to the file of Family Court, Madurai.

For Petitioner : Mr.D.Srinivasaragavan For Respondent : Mr.S.Poornachandran 1/4

ORDER

The present petition has been filed by the wife, seeking transfer of the case in O.P.No.202 of 2022 pending on the file of the Family Court, Sivagangai to be transferred to the Family Court, Madurai on the ground that she is a permanent resident of Madurai along with her two year old child.

2. The learned counsel appearing for the petitioner submits that the petitioner /wife has filed M.C.No.170 of 2022 is pending before the Family Court, Madurai.

3. Considering the fact that the petitioner / wife has filed M.C.No. 170 of 2022 is pending before the Family Court, Madurai, O.P.No.202 of 2022 pending on the file of Family Court, Sivagangai is hereby withdrawn and transferred to Family Court, Madurai. However, the learned Family Court Judge, Madurai, is directed not to insist upon the personal appearance of the respondent / husband, unless it is compulsorily required.

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4. With the above said observations, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 24.02.2023 NCC : Yes / No Index : Yes / No Sm To 1.The Family Court, Sivagangai.

2.The Family Court, Madurai.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR , J.

Sm Order made in 24.02.2023 4/4