Tr.CMP No.781 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12-01-2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

Tr.CMP No.781 of 2022

And

CMP No.13440 of 2022

S.Anitha

.. Petitioner

vs.

S.Ananthi

.. Respondent

PRAYER : This Transfer CMP is filed under Section 24 of the Civil

Procedure Code, to withdraw the case in GWOP No.2 of 2022 from the file

of the District Court at Karaikkal and transfer the same to the file of the

Principal District Court at Coimbatore.

For Petitioner : Mr.C.Ganesh Pandian

For Respondent

: Mr.C.Subash

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Tr.CMP No.781 of 2022

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to

withdraw the case in GWOP No.2 of 2022 from the file of the District Court

at Karaikkal and transfer the same to the file of the Principal District Court

at Coimbatore.

2. It is an unfortunate case where the minor boy lost his father

and mother. Now the minor boy aged about 15 years and he is now with the

custody of the petitioner Smt.S.Anitha, who is the sister of the boy's mother.

3. Admittedly, the boy is studying SSLC (X Standard) in a

School at Coimbatore.

4. The learned counsel for the petitioner states that the minor

boy is studying at Yuvabharathi Public School at Coimbatore and a bona

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Tr.CMP No.781 of 2022

fide certificate issued by the Principal of the said Public School at

Coimbatore is enclosed along with the typed set of papers.

5. The petitioner filed GWOP No.4 of 2021 before the District

Court at Karaikkal initially and the said GWOP was transferred to the

Principal District Court at Coimbatore in Tr.CMP No.749 of 2022.

6. The respondent herein filed another GWOP No.2 of 2022

before the District Court at Karaikkal, seeking custody of the minor boy and

the present Transfer Civil Miscellaneous Petition is filed to transfer the said

GWOP No.2 of 2022 to try along with the other GWOP No.4 of 2021 filed

by the respondent.

7. The learned counsel for the respondent raised an objection by

stating that the earlier Transfer Civil Miscellaneous Petition was filed behind

the back of the respondent and more-so, the minor boy was with the custody

of the respondent all along at Karaikkal and only six months back, the boy

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Tr.CMP No.781 of 2022

was taken forcibly by the petitioner and got admitted in a School at

Coimbatore.

8. The fact remains that the boy is studying SSLC (X Standard)

in a School at Coimbatore and in the event of transferring the case to

Karaikkal, his education will get affected and the interest of the minor boy is

being paramount importance.

9. This Court cannot unnecessarily disturb the education of the

minor boy, who is preparing for his Public Examination scheduled to be held

in March 2023. Further, the custody of the minor boy is now with the

petitioner, who is residing at Coimbatore.

10. This being the facts and circumstances, the GWOP No.2 of

2022 pending on the file of the District Court at Karaikkal stands transferred

to the file of the Principal District Court at Coimbatore forthwith to be tried

along with GWOP No.4 of 2021. Thus this Court directed the District Court

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Tr.CMP No.781 of 2022

at Karaikkal to transmit the case papers to the file of the Principal District

Court at Coimbatore, within a period of four weeks from the date of receipt

of a copy of this order.

11. With the abovesaid directions, the present Transfer Civil

Miscellaneous Petition stands allowed. However, there shall be no order as

to costs. Consequently, the connected miscellaneous petition is closed.

12-01-2023

Speaking Order/Non-Speaking Order.

Neutral Citation : Yes/No.

Internet : Yes/No.

Index: Yes/No.

Svn

To

1.The District Judge,

District Court,

Karaikkal.

2.The Principal District Judge,

Principal District Court,

Coimbatore.

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