Madras High CourtTR CMP(MD)/722/2023allowed

K.Sasikala v. R.Balamurugan

2024-02-09Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.16125 of 2023 K.Sasikala ... Petitioner/Respondent Vs.

R.Balamurugan ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer the O.P.No.23 of 2022 on the file of the Principal Sub Court, Dindigul to the Sub Court, Usilampatti.

For Petitioner : Mr.K.C.Maniyarasu For Respondent : Mr.M.Murugan

ORDER

This petition has been filed to withdraw and transfer the O.P.No.23 of 2022 on the file of the Principal Sub Court, Dindigul to the Sub Court, Usilampatti.

1/41/4

2.The facts in brief:

The marriage was solemnized between the parties on 11.11.2018. Out of the above said wedlock they blessed with one female child. Thereafter due to misunderstanding between the parties, the respondent filed O.P.No.23 of 2022 before the Principal Sub Court, Dindigul. Since the wife facing difficulties to attend every hearing at Principal Sub Court, Dindigul, she filed this petition seeking transfer of the same to the Sub Court, Usilampatti.

3.Heard both sides.

4.The learned counsel for the respondent objected the same stating that the petitioner's brother assaulted the respondent. The respondent facing life threat at the hands of the petitioner's brother. If it so, the respondent has to workout his remedy through appropriate proceedings. 5.Considering the facts and circumstances of the case and considering the convenience of the wife, the O.P.No.23 of 2022 filed by 2/42/4

the respondent on the file of the Principal Sub Court, Dindigul, is ordered to be withdrawn and transferred to the Sub Court, Usilampatti. 6.Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected miscellaneous petition is closed. 09.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Principal Subordinate Judge, Dindigul.

2.The Subordinate Judge, Dindigul.

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

3/43/4

G.ILANGOVAN ,J.

TM 09.02.2024 4/44/4