Vasuki v. Palpandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN TR.C.M.P(MD)No. 34 of 2024 and C.M.P(MD)No.433 of 2024 Vasuki ... Petitioner Vs Palpandi ... Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw and transfer the H.M.O.P.No.175 of 2023 on the file of the Family Court, Srivilliputhur, Virudhunagar District, to be tried before the Family Court, Tirunelveli, Tirunelveli District.

For Petitioner : Mr.R.Ilayaraja For Respondent : Mr.M.Jegadeesh Pandian 1/4

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw and transfer the H.M.O.P.No.175 of 2023 on the file of the Family Court, Srivilliputhur, Virudhunagar District, to be tried before the Family Court, Tirunelveli, Tirunelveli District.

2. The case of the prosecution is that the marriage between the petitioner and the respondent was solemnized on 16.04.2021 at Palaniandavar Temple, S.Ramachandrapuram Village. At the time of marriage, the petitioner's parents were presented 12 sovereigns of gold jewels and household articles worth about Rs.25,000/-. According to the petitioner, from the date of marriage, the petitioner was put to harassment by her husband / respondent herein, for want of additional dowry. Later, the petitioner was sent to her parents' home at Tirunelveli. The respondent herein has filed a petition in H.M.O.P.No.175 of 2023 before the Family Court, Srivilliputhur, Virudhunagar District. Since the petitioner is not a earning member and she is a dependant of her parents, she finds it very difficult to attend the Court proceedings at Srivilliputhur and to travel nearly 150 kilometers in her financial status. Hence, this 2/4

Transfer Civil Miscellaneous Petition came to be filed seeking transfer of the proceedings to the Family Court, Tirunelveli.

3. Learned counsel for the respondent submitted that the respondent has no objection in transferring the proceedings in H.M.O.P.No.175 of 2023 pending on the file of the Family Court, Srivilliputhur to the Family Court, Tirunelveli.

4. In view of the submissions on either side, this Transfer Civil Miscellaneous Petition is allowed. There shall be a direction to the learned Judge, Family Court, Srivilliputhur, to transfer the entire records in the proceedings in H.M.O.P.No.175 of 2023 immediately to the file of the Family Court, Tirunelveli. After receiving the records, the learned Judge, Family Court, Tirunelveli may assign new number and issue notice to parties for appearance and dispose the case in accordance with law. Consequently, connected miscellaneous petition is closed. No costs. 19.02.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 3/4

G.ILANGOVAN, J.

pnn To

1. The Judge, Family Court, Srivilliputhur.

2. The Judge, Family Court, Tirunelveli.

ORDER

IN TR.C.M.P(MD)No.34of 2024 19.02.2024 4/4