K.Saranya v. S.Karthikeyan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2024

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)Nos.16886 & 16887 of 2023 K.Saranya .. Petitioner Vs.

S.Karthikeyan .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No. 411 of 2023 on the file of the Family Court, Karur and transfer the same to the file of the Sub Court, Musiri.

For Petitioner : Mr.S.C.Herold Singh For Respondent : No Appearance Page No 1 of 5

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.411 of 2023 on the file of the Family Court, Karur and transfer the same to the file of the Sub Court, Musiri.

2. The petitioner is the wife and the respondent is the husband. Their marriage was solemnized on 25.06.2009. Out of the wedlock, no child was born.

3. Due to disputes and differences, the parties have separated. The respondent has initiated the proceeding seeking dissolution of marriage in H.M.O.P.No.411 of 2023 on the file of the Family Court, Karur.

4. The name of the respondent has been printed in the cause list. Despite the name has been printed in the cause list, the respondent/husband has neither entered appearance through a counsel nor in-person to oppose this transfer petition.

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5. Heard the learned counsel appearing on behalf of the petitioner.

6. The learned counsel for the petitioner would submit that the petitioner/wife is the resident of Thottium Taluk, Trichy District. The distance between Thottium and the Family Court, Karur is about 115 Kms to and fro, and as the petitioner/wife finds it very difficult to travel such a long distance to attend every Court hearing, she seeks transfer of proceeding from the file of the Family Court, Karur to the file of the Sub Court, Musiri.

7. Taking into consideration of the facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this transfer petition.

8. The learned Judge, Family Court, Karur is directed to transmit the entire records pertaining to the case in H.M.O.P.No.411 of 2023 to the Sub Court, Musiri within a period of three weeks from the date of receipt of a copy of this order. On receipt of such records, the learned Judge, Sub Court, Musiri is directed to take the case on file and dispose of the same in accordance with law.

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9. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petitions are closed.

23.08.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The learned Judge, Family Court, Karur 2.The learned Judge, Sub Court, Musiri, Trichy District and C.M.P.(MD)Nos.16886 & 16887 of 2023 23.08.2024 Page No 5 of 5