Tr.CMP.(MD)No.251 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.08.2024
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI
Tr.CMP.(MD)No.251 of 2024
and
C.M.P.(MD)No.5867 of 2024
Gayathri .. Petitioner
Vs.
Subbu @ Sivaraman .. Respondent
Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of
the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No.90
of 2024 on the file of the Family Court, Thanjavur and transfer the same to
the file of the Family Court, Madurai.
For Petitioner : Mr.K.Sathish Kumar
For Respondent : No Appearance
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Tr.CMP.(MD)No.251 of 2024
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to
withdraw the proceeding in H.M.O.P.No.90 of 2024 on the file of the
Family Court, Thanjavur and transfer the same to the file of the Family
Court, Madurai.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
24.06.2020 as per Hindu Rites and Customs.
3. Due to disputes and differences, the parties have separated, and the
respondent/husband has initiated the proceeding in H.M.O.P.No.90 of 2024
on the file of the Family Court, Thanjavur seeking divorce.
4. The name of the respondent has been printed in the cause list.
Despite the name has been printed in the cause list, the respondent/husband
has neither entered appearance through a counsel nor in-person to oppose
this transfer petition.
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Tr.CMP.(MD)No.251 of 2024
5. Heard the learned counsel appearing for the petitioner.
6. The learned counsel for the petitioner would submit that the
petitioner/wife is now residing at Kallanai, Vadipatti, Madurai District, and
is taking treatment at Madurai for the Systemic Lupus Erythematosus (SLE)
disease. The distance between Madurai and Thanjavur is around 220 Kms,
and the petitioner/wife finds it very difficult to travel such a long distance
for attending every Court hearing as it would cause much mental agony,
since she suffers from a disease and has no independent income to spend.
Hence, she seeks transfer of proceeding from the file of the Family Court,
Thanjavur to the file of the Family Court, Madurai.
7. Taking into consideration of the facts and circumstances of the
case, and considering the fact that the petitioner/wife is continuously taking
treatment at Madurai, and also considering the convenience of the wife, this
Court is inclined to allow this transfer petition.
8. The learned Judge, Family Court, Thanjavur is directed to transmit
the entire records, pertaining to the case in H.M.O.P.No.90 of 2024 to the
file of the Family Court, Madurai within a period of three weeks from the
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Tr.CMP.(MD)No.251 of 2024
date of receipt of a copy of this order, and on receipt of such records, the
learned Judge, Family Court, Madurai is directed to take the case on file and
dispose of the same in accordance with law.
9. Accordingly, the Transfer Civil Miscellaneous Petition stands
allowed. No costs. Consequently, the connected Civil Miscellaneous
Petition is closed.
30.08.2024
mkn
Index:Yes/No
Speaking Order :Yes/No
Neutral Citation:Yes/No
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Tr.CMP.(MD)No.251 of 2024
P. VADAMALAI , J .
mkn
To
1.The learned Judge, Family Court,
Thanjavur
2.The learned Judge, Family Court,
Madurai
Tr.CMP.(MD)No.251 of 2024
and
C.M.P.(MD)No.5867 of 2024
30.08.2024
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https://www.mhc.tn.gov.in/judis