Anbuselvi v. Abinesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.17470 of 2023 Anbuselvi ... Petitioner/Respondent Vs.

Abinesh ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the HMOP No.428 of 2023 on the file of the Family Court, Dindigul and transfer the same to the file of the Family Court, Thanjavur.

For Petitioner : Mr.C.Senthil Murugan For Respondent : No Appearance

ORDER

This petition has been filed to withdraw the HMOP No.428 of 2023 on the file of the Family Court, Dindigul and transfer the same to the file of the Family Court, Thanjavur.

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2.The facts in brief:

The marriage between the parties was solemnized on 27.01.2022. At the time of marriage the parents of the petitioner gave 10 sovereigns of gold jewels and Rs.1,50,000/- cash. Out of the above said wedlock there is no issue. Thereafter within a short span of time the respondent and his family members used to harass the petitioner. They ill-treated the petitioner. Due to which the petitioner filed a petition seeking divorce in H.M.O.P.No.305 of 2023 on the file of the Family Court, Thanjavur. At the same time, the respondent filed H.M.O.P.No. 428 of 2023 for restitution of conjugal rights before the Family Court, Dindigul. Therefore, to try the case jointly, this petition has been filed seeking transfer.

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.428 of 2023 2/4

filed by the respondent on the file of the Family Court, Dindigul, is ordered to be withdrawn and transferred to the Family Court, Thanjavur, to try along with H.M.O.P.No.305 of 2023, pending there. 5.Accordingly, this transfer civil miscellaneous petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

07.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judge, Family Court, Dindigul.

2.The Judge, Family Court, Thanjavur.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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