Petitioner sought transfer of O.P.No.2 of 2021 from Thiruvarur to Theni due to safety threats and residence. Court disposed of petition by transferring case to Family Court, Theni.
Transfer of O.P.No.2 of 2021 from District Court, Thiruvarur to Family Court, Theni.
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Tr.C.M.P(MD)No.215 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.06.2023
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
Tr.C.M.P(MD)No.215 of 2023 and C.M.P(MD)No.4606 of 2023
Nandhini ...Petitioner
Vs.
T.R.Prabha Kathir ...Respondent
PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in O.P.No.2 of 2021 on the file of the District Court, Thiruvarur to the District Court, Theni.
For Petitioner : Mr.C.Ezhilarasu
For Respondent : Mr.A.Arun Prasad
ORDER
The present transfer civil miscellaneous petition has been filed to transfer O.P.No.2 of 2021 from the file of the District Court, Thiruvarur to the file of the District Court, Theni.
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expressed her apprehension as follows:
"6. I submit that I was very afraid to go and to attend the case in Thiruvarur District. Because the respondents and his associates are giving life threaten to me. Hence I am given a complaint to the Superintendent of Police, Tiruvarur for giving protection when I am coming to Court for attending the case in O.P.No.2 of 2021 on the file of the Principal District Court, Thiruvarur.
7. I submit that the respondent and the family members are giving life threat and abusing me with filthy language and thereby stalled me from attending the Court proceedings in O.P.No.2 of 2021 on the file of the Principal District Court, Thiruvarur. Hence it is just and essential to stay all further proceedings in connection with the case in O.P.No.2 of 2021 on the file of the Principal District Court, Thiruvarur. I pleased this Hon'ble Court may please to treat the counter affidavit filed in the Original Petition in O.P.No.2 of 2021 may be treated as part and parcel of this affidavit."
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case can be transferred to Family Court or District Court, Trichy, I do not find any merits in the submission made on behalf of the respondent. There is no point in directing both the parties to appear before the Family Court or District Court, Trichy.
27.06.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No sn
To
2.The Family Court, Theni.
3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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Tr.C.M.P(MD)No.215 of 2023
C.SARAVANAN ,J.
SN
Tr.C.M.P(MD)No.215 of 2023
27.06.2023
2 issues framed by the court
Whether to transfer O.P.No.2 of 2021 from District Court, Thiruvarur to another court due to petitioner's fear and residence.
Whether to transfer the case to Family Court, Theni given the particulars of residence and safety threats.
Nandhini
T.R.Prabha Kathir
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
