P.Reka vs K.Megarajan
2023 Latest Caselaw 6131 Mad

                                                                                 Tr.C.M.P.(MD)No.280 of 2022

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED : 13.06.2023

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                                   Tr.C.M.P.(MD)No.280 of 2022
                                                               and
                                                    C.M.P.(MD)No.4734 of 2022

            P.Reka                                                                         .. Petitioner

                                                                Versus

            K.Megarajan                                                                    .. Respondent
            Prayer :- Petition filed under Section 24 of C.P.C., to withdraw the case in
            F.C.I.D.O.P.No.93 of 2022, on the file of the Family Court, Chengalpattu, and
            transfer the same to the file of the Family Court, Madurai, to be tried along with
            I.D.O.P.No.422 of 2022, on the file of the Family Court, Madurai.


                                  For Petitioner            :       Mr.K.Muthurakkan

                                  For Respondent            :       No Appearance

                                                            ORDER

The petitioner has filed this Transfer Civil Miscellaneous Petition seeking to

withdraw the case in F.C.I.D.O.P.No.93 of 2022, on the file of the Family Court,

Chengalpattu, and transfer the same to the file of the Family Court, Madurai, to be

tried along with I.D.O.P.No.422 of 2022.

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Tr.C.M.P.(MD)No.280 of 2022

2.Today, when the matter was taken up for hearing, there is no representation

on behalf of the respondent, despite service of notice on the respondent through the

lower Court counsel and his name being printed in the cause list.

3.In the affidavit filed in support of the present Transfer Civil Miscellaneous

Petition, the petitioner has stated as follows:-

''6. I humbly submit that there are two cases regarding our matrimonial dispute and the same are pending before the different courts. Hence to avoid conflicting judgments also, both the cases have to be tried by the same court.

7. I humbly submit that I have to travel nearly 425 K.M., to attend the court. Hence I have to start my travel from midnight to attend the court hearings. Being a lady and having an 8 month old baby, I cannot travel without the help of others.

8. In such circumstances, the petition in F.C.I.D.O.P.No.93 of 2022 on the file of the Family Court, Chengalpattu, has to be withdrawn from the file of that court and transfer the same to the file of the Family Court, Madurai to be tried along with I.D.O.P.No.422 of 2022.''

4.Being satisfied with the reasons given, this Court is inclined to allow this

Petition, by directing transfer of F.C.I.D.O.P.No.93 of 2022, pending on the file of

the Family Court, Chengalpattu, to the file of Family Court, Madurai, to be tried

along with I.D.O.P.No.422 of 2022. The Judge, Family Court, Madurai, shall dispose

both F.C.I.D.O.P.No.93 of 2022 and I.D.O.P.No.422 of 2022, as expeditiously as

possible.

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Tr.C.M.P.(MD)No.280 of 2022

5.This Transfer Civil Miscellaneous Petition stands allowed with the above

direction. No costs. Consequently, connected Miscellaneous Petition is closed.

            NCC : Yes/No                                            13.06.2023
            Index : Yes/No
            Internet : Yes/No
            smn2


            To

            1.The Judge,
              Family Court,
              Chengalapttu.

            2.The Judge,
              Family Court,
              Madurai.




https://www.mhc.tn.gov.in/judis



                                     Tr.C.M.P.(MD)No.280 of 2022

                                           C.SARAVANAN, J.


                                                          smn2




                                                Order made in
                                  Tr.C.M.P.(MD)No.280 of 2022




                                                    13.06.2023




https://www.mhc.tn.gov.in/judis