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Madras High CourtTR CMP(MD)/773/2024dismissed

M.Gowthami v. V.Ramesh

2025-01-28Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.18730 of 2024 M.Gowthami ... Petitioner Vs.

V.Ramesh ... Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in H.M.O.P.No.65 of 2023 on the file of the learned Family Court, Dindigul District and transfer the same to the file of Family Court, Coimbatore District.

For Petitioner : M/s.A.Ananthi

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case from the file of the Family Court, Dindigul, in H.M.O.P.No.65 of 2023 and transfer the same to the file of the Family Court, Coimbatore. 1/4

2. Heard the learned counsel appearing for the petitioner.

3. It is evident from the records that the marriage between the petitioner and the respondent was solemnized on 08.01.2012. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.65 of 2023 seeking divorce and the same is pending on the file of the Family Court, Dindigul.

4. In pursuance of the direction of this Court, the petitioner has produced the copy of the B-Diary, wherein, it is evident that the main petition is in part-heard stage and more importantly, the case stands posted to 01.02.2025 for arguments.

5. The learned counsel appearing for the petitioner would submit that they have filed applications to reopen and for reception of additional evidence and the same came to be allowed.

6. Considering the above and the stage at which H.M.O.P. is pending, this Court is not inclined to transfer the case. But at the same 2/4

time, considering the stage of the case, the learned Judge, Family Court, Dindigul is hereby directed to complete the trial in H.M.O.P.No.65 of 2023 and dispose of the same within a period of one month from the date of receipt of a copy of this order.

7. With the above direction, the Transfer Civil Miscellaneous Petition stands dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.

28.01.2025 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Judge, Family Court, Dindigul.

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

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K.MURALI SHANKAR ,J.

csm Order made in and C.M.P.(MD)No.18730 of 2024 Dated : 28.01.2025 4/4