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Madras High CourtTR CMP(MD)/735/2023allowed

H.Mankaiyarkarasi v. V.Hariharan

2024-02-12Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.16383 of 2023 H.Mankaiyarkarasi ... Petitioner/Respondent Vs.

V.Hariharan ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to pass order to transfer the case in H.M.O.P.No.124 of 2023, pending on the file of the Learned Principal Subordinate Judge, Kumbakonam, to the Learned Principal Subordinate Judge at Pudukottai.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.No Appearance

ORDER

This petition has been filed to withdraw and to transfer the case in H.M.O.P.No.124 of 2023, pending on the file of the Learned Principal Subordinate Judge, Kumbakonam, to the Learned Principal Subordinate 1/4

Judge at Pudukottai.

2.The facts in brief:

The marriage between the parties was solemnized on 30.01.2021. Thereafter, the petitioner was harassed by the respondent and her in laws. Hence, they separated from each other. Due to the dispute between them, the respondent filed H.M.O.P.No.124 of 2023 on the file of the Principal Subordinate Judge, Kumbakonam. It is for the petitioner to inconvenient to travel for every hearing to Kumbakonam. Hence, seeking transfer of the above said H.M.O.P proceedings to the Principal Subordinate Judge, Pudukottai, this petition has been filed. 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.124 of 2023 filed by the respondent on the file of the Principal Subordinate Judge, 2/4

Kumbakonam, is ordered to be withdrawn and transferred to the Family Judge, Pudukottai.

5.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 12.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Principal Subordinate Judge, Kumbakonam. 2.The Judge, Family Court, Pudukottai.

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 12.02.2024 4/4