S.Kani, v. Soniya,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)Nos.17443, 17478 and 17480 of 2023 S.Kani ... Petitioner in both the petition Vs.

Soniya ... Respondent in both the petition Prayer in Tr.C.M.P.(MD)No.775 of 2023 : The Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw and transfer the D.V.No.28 of 2022 on the file of the Judicial Magistrate Court, Bodinayakkanur to be heard and tried on the file of the Judicial Magistrate Court, Madurai for disposal of the same on merits and in accordance with law.

Prayer in Tr.C.M.P.(MD)No.779 of 2023 : The Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw and transfer the O.P.No.622 of 2022 on the file of the Family Court, Theni to be heard and tried on the file of the Family Court, Madurai for disposal of the same on merits and in accordance with law. 1/4

(in both the petition) For Petitioner : Mr.M.Jerin Mathew For Respondent : M/s.A.Dharani COMMON ORDER The Transfer Civil Miscellaneous Petition in Tr.C.M.P.(MD)No.775 of 2023 is filed to withdraw the case on the file of the Judicial Magistrate Court, Bodinayakkanur, in D.V.No.28 of 2022 and transfer the same to the file of the Judicial Magistrate Court, Madurai.

2. The Transfer Civil Miscellaneous Petition in Tr.C.M.P.(MD)No. 779 of 2023 is filed to withdraw the case on the file of the Family Court, Theni, in O.P.No.622 of 2022 and transfer the same to the file of the Family Court, Madurai.

3. In Tr.C.M.P.(MD)No.779 of 2023, the learned counsel appearing for the petitioner would submit that the case in O.P.No.622 of 2022, which was filed for divorce, came to be dismissed on 22.10.2024 and as such, the said petition has become infructuous. Accordingly, the Transfer Civil 2/4

Miscellaneous Petition stands dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed. No costs.

4. In Tr.C.M.P.(MD)No.775 of 2023, the learned counsel appearing for the petitioner would submit that at the time of admitting the petition, this Court has directed the learned Magistrate not to insist the appearance of the petitioner on all the hearings but granted liberty to the learned Judicial Magistrate to direct the petitioner to appear if his appearance is necessary and that therefore the said petition may be closed. Recording the same, the Transfer Civil Miscellaneous Petition stands closed. Consequently, connected Miscellaneous Petition is closed. No costs. 21.01.2025 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Judicial Magistrate, Bodinayakkanur.

2. The Judge, Family Court, Theni.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Common Order made in and C.M.P.(MD)Nos.17443, 17478 and 17480 of 2023 Dated : 21.01.2025 4/4