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Madras High CourtTR CMP/58/2022allowed

L. Saranya v. C. Sritharan

2022-04-11Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA Tr.C.M.P. No.58 of 2022 and C.M.P.No.1294 of 2022 L.Saranya ... Petitioner -VsC.Sritharan ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.1732 of 2021 pending on the file of the Family Court, Coimbatore and transfer the same to the Family Court, Erode.

For Petitioner :

Mr.M.Guruprasad

ORDER

The Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P.No.1732 of 2021 filed by the husband for divorce before the Family Court, Coimbatore, to the file of the Family Court, Erode.

2.The petitioner would contend that marriage between herself and the respondent had been solemnized on 30.10.2020 at S.N.Mini Mahal, Coimbatore, as per Hindu rites and customs. The petitoner is a Police Constable at Karungalapalayam Police Station, Erode. The respondent is employed as a Sales Manager in a Private concern at Coimbatore. After marriage, the respondent treated her cruelly and blamed the petitioner for the quarrels. The respondent also filed H.M.O.P.No.1732 of 2021 for divorce before the Family Court, Coimbatore.

3.The reasons for seeking the transfer are as follows: 1.The petitioner is residing at Erode in her parental house.

2.Due to an assault by the respondent, the https://hcservices.ecourts.gov.in/hcservices/

petitioner had suffered an injury on her spine for which the petitioner is taking treatment in Erode. 3.Due to her ill-health, the petitioner cannot travel each time to attend the hearings.

4.The respondent/husband though served has not entered appearance either in person or though pleader. 5.Heard the learned counsel appearing for the Petitioner and perused the papers.

Considering the fact that the petitioner is residing under the territorial jurisdiction of the Family Court, Erode and due to ill health, the petitioner cannot travel each time to Coimbatore to attend the hearings, the Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.1732 of 2021 pending on the file of the Family Court, Coimbatore, is withdrawn and transferred to the file of the Family Court, Erode. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mps To 1.The Judge, Family Court, Coimbatore.

2.The Judge, Family Court, Erode.

+1cc to Mr.M.Guruprasad, Advocate, S.R.No.25220 Tr.C.M.P. No.58 of 2022 and C.M.P.No.1294 of 2022 PL(CO) CT 13/06/2022 https://hcservices.ecourts.gov.in/hcservices/