T. Deepika v. M. Nagarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU TR.C.M.P. (MD) No. 3 of 2024 and C.M.P. (MD) No. 148 of 2024 T.Deepika ... Petitioner Vs.

M.Nagarajan ... Respondent PRAYER:- Petition filed under Section 151 of the Code of Civil Procedure, 1908 to withdraw and transfer the H.M.O.P. No. 1379 of 2023 on the file of the Principal Family Court, Coimbatore to Family Court, Dindigul for proper and speedy adjudication of the above petition. For Petitioner :

Mr. J.Vishu For Respondent :

Mr. Ravikumar

O R D E R

This application for transfer of the case invoking Section 151 of the Code of Civil Procedure Code, 1908, has been filed relating to a matrimonial 1/5

dispute between the parties. The Husband, viz., M.Nagarajan has filed H.M.O.P. No. 1379 of 2023 in the Principal Family Court, Coimbatore seeking for Divorce with from Wife, viz., T.Deepika, which is sought to be transferred by the Wife to the Family Court, Dindigul. 2.

Heard Mr. J.Vishnu, Learned Counsel for the Wife, Mr. Ravikumar, Learned Counsel for the Husband, and perused the materials placed on record, apart from the pleadings of the parties. 3.

It is the case of the Wife that she would have to travel a distance of more than 155 kms from Dindigul to the Principal Family Court, Coimbatore to effectively defend the case filed against her by the Husband. It is also stated that the case in G.W.O.P. No. 132 of 2023 had been filed by Husband before the Principal District Court, Dindigul, which is still pending. That apart, she also expresses difficulties to take care of her child, which relevant factor remains uncontroverted.

4.

Learned Counsel appearing for Husband states that the Husband has no 2/5

objection for the proposed transfer of the case and he has made an endorsement to that effect in the Court record. 5.

In view of the same, the case in H.M.O.P. No. 1379 of 2023 on the file of the Principal Family Court, Coimbatore is transferred to the Family Court, Dindigul to be listed along with G.W.O.P. No. 132 of 2023, and both parties shall appear before that Court on the next date of hearing, which is fixed as 19.06.2024, for conduct of further proceedings from their respective present stages and on the subsequent dates to which they are adjourned from time to time till they are finally disposed.

In the result, the Transfer Civil Miscellaneous Petition is ordered on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.

29.04.2024 Index : Yes/No NCC : Yes/No ta TO:

1.The Principal Family Court, Coimbatore.

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2.The Family Court, Dindigul.

3.T. Deepika W/o. Nagarajan, D/o. S. Thangavel (Driver, Tnstc), Door No. 8/1/137F, Palpannai Street, Ammainaickaur, Nilakottai, Dindigul.

4.M. Nagarajan S/o. Murugan, Door No.5/122, Kothalamman Street, Silukuvarpatti, Dinidgul.

Now Residing, at Door No. 7/25-17/25, Subash Chandra Bose Street, 1st Floor, Coimbatore.

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P.D.AUDIKESAVALU,J.

ta Tr.C.M.P. (MD) No. 3 of 2024 29.04.2024 5/5