M.Pavithra v. D.Karthik

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :27.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA TR C.M.P.No.26 of 2025 and C.M.P.No.654 of 2025 M.Pavithra ... Petitioner Vs D.Karthik ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the C.P.C praying to withdraw and transfer the H.M.O.P.No.388 of 2024 pending on the file of the Subordinate Court, Poonamallee to on the file of the Family Court, Salem.

For Petitioner : Mr.T.Ravi For Respondent : Mr.V.R.Appaswamee

O R D E R

The Petitioner/wife has filed this Transfer Civil Miscellaneous Petition seeking to withdraw the H.M.O.P.No.388 of 2024 pending on the file of the Subordinate Court, Poonamallee and transfer the same to the file of the Family Court, Salem.

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2. The respondent-husband had filed H.M.O.P.No.388 of 2024 on the file of the Subordinate Court, Poonamallee for divorce.

3. The petitioner-wife seeks transfer on the following grounds: (i) Since her daughter is studying in Salem, it is not possible for her to make her daughter take leave regularly from the School for Court hearings, as it would affect her education.

(ii) She finds it extremely difficult for her to travel 700 kilometres from her residence along with her 5 year old daughter to attend the Court hearings at Poonamallee. (iii) She has no source of income to meet the travel expenses. She cannot travel alone and her father is also unable to accompany her due to his health condition. (iv) The respondent-husband has not been giving any maintenance to her.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record. 2/4

5. Taking into consideration the facts and circumstances of the case and looking into the grievances expressed by the petitioner, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.388 of 2024 pending on the file of the Subordinate Court, Poonamallee shall stand withdrawn and transferred to the file of the Family Court, Salem. No costs. Consequently, connected civil miscellaneous petition is closed.

27.03.2025 Index: Yes/No Speaking order/non-speaking order srn To

1. The Subordinate Cour, Poonamallee

2. The Family Court, Salem.

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P.T.ASHA, J., srn TR C.M.P.No.26 of 2025 and C.M.P.No.654 of 2025 27.03.2025 4/4