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Madras High CourtTR CMP(MD)/730/2023disposed of

Rajesh Kumar v. Priyadarshini

2024-07-24Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 24.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)Nos.17667 and 16311 of 2023 Tr.C.M.P(MD).No.785 of 2023 Priyadharshini ... Petitioner/Respondent Vs.

Rajeshkumar

...Respondent/Petitioner

The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.1190 of 2022 on the file of the Family Court, Madurai and transfer the same to the file of the Subordinate Court, Usilampatti.

For Petitioner :Mr.D.S.Haroon Rasheed For Respondent :Mr.T.Goplakrishnan

Tr.C.M.P(MD).No.730 of 2023 Rajeshkumar ... Petitioner/Respondent Vs.

1.Priyadharshini 2.Minor Kamalesh 3.Vinochann

...Respondents/Petitioners

(R2 and R3 are represented by their mother R1) The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in M.C.No.08 of 2023 on the file of the District Munsif cum Judicial Magistrate No.I, Usilampatti and transfer the same to the file of the Family Court, Madurai and try along with H.M.O.P.No.1190 of 2022 on the file of the Family Court, Madurai.

For Petitioner :Mr.T.Goplakrishnan For Respondents :Mr.D.S.Haroon Rasheed COMMON ORDER These two transfer civil miscellaneous petitions are filed by the husband and wife respectively.

2. The prayer of the husband is to withdraw the proceedings in M.C.No.08 of 2023 on the file of the District Muncif Court cum Judicial Magistrate No.I, Usilampattai and transfer the same to the file of the Family Court, Madurai and the prayer of the wife is to transfer the H.M.O.P.No. 1190 of 2022 from the file of the Family Court, Madurai to the file of the Subordinate Court, Usilampatti.

3. The learned counsel appearing on behalf of the husband would submit that it is the husband, who is taking care of both the children and he will be put to hardship.

4. The said statement is denied by the learned counsel for the wife. But, however, considering the distance between both the Courts, it is possible for the husband to effectively conduct his case on the file of the Subordinate Court, Usilampatti.

5. Considering the hardship pleaded on behalf of the wife, I am inclined to dispose of these Transfer Civil Miscellaneous Petitions on the following terms:-

The H.M.O.P.No.1190 of 2022 pending on the file of the Family Court, Madurai is hereby withdrawn and the same is transferred to the file of the Subordinate Court, Usilampatti. Accordingly, these Transfer Civil Miscellanous Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 24.07.2024 NCC:Yes/No Index:Yes/No Rmk To 1.The Judge, Family Court, Madurai.

2.The Subordinate Judge, Usilampatti.

3.The District Munsif cum Judicial Magistrate No.I, Usilampatti.

D.BHARATHA CHAKRAVARTHY, J.

Rmk and C.M.P(MD)Nos.17667 and 16311 of 2023 24.07.2024