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Madras High CourtTR CMP(MD)/755/2023allowed

M.Suriya Priya v. E.Prabhakaran

2024-01-30Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.01.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN TR.C.M.P(MD)No.755 of 2023 and C.M.P(MD)No.16979 of 2023 M.Suriya Priya ... Petitioner Vs E.Prabhakaran ... Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.155 of 2023 on the file of the Family Court, Karur and transfer the same to Family Court, Madurai.

For Petitioner : Mr.S.Pakalavan For Respondent : No Appearance 1/5

ORDER

Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.155 of 2023 on the file of the Family Court, Karur, and transfer the same to Family Court, Madurai.

2. The brief facts is that the petitioner is the wife and the respondent is the husband. The marriage of the petitioner and respondent was solemnized on 06.03.2020 at Vadugapatti Village, Theni District. From the date of marriage the petitioner's father gave 30 sovereigns of gold ornaments and other valuable articles to the respondent. Some frequent quarrel arose between them from the date of marriage and the respondent's parents demanded additional dowry from the petitioner for starting a business by the respondent. Even after that, according to the petitioner, the respondent has not started any business. The petitioner went to her parental home. The petitioner has given a police complaint and a case in Crime No.Not Known of 2023 was also filed. Later H.M.O.P.No.155 of 2023 was filed before the Family Court, Karur. 2/5

3. Learned counsel for the petitioner submitted that the petitioner has to travel nearly 380 kilometers from Madurai to Karur to attend the court proceedings. Due to her financial circumstances and being a lady, she finds it very difficult to travel that long distance to every hearings. Therefore, the petitioner seeks transfer of the proceedings in H.M.O.P.No.155 of 2023 from the file of the Family Court, Karur to Family Court, Madurai.

4. Learned counsel for the petitioner submitted that the respondent has moved anticipatory bail before this Court in Crl.O.P.(MD)No.12258 of 2023. This Court has referred the matter to Mediation. Eventhough, the petitioner appeared before the Mediation Centre, the respondent did not come forward for mediation.

5. In view of the above submission, the proceedings in H.M.O.P.No.155 of 2023 pending on the file of the Family Court, Karur, is transferred to the file of the Family Court, Madurai. The learned Judge, Family Court, Karur, is directed to send all the records to the Family Court, Madurai, immediately and dispose the same in accordance with law.

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6. With the above direction, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition stands closed.

30.01.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The Family Court, Karur.

2.The Family Court, Madurai.

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G.ILANGOVAN, J.

pnn

ORDER

IN TR.C.M.P(MD)No.755 of 2023 and C.M.P(MD)No.16979 of 2023 30.01.2024 5/5