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Madras High CourtTR CMP/72/2022allowed

R.V. Kanimozhi v. G. Aravind

2022-04-01Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2022

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA Tr.C.M.P.No.72 of 2022 & C.M.P.No.1546 of 2022 R.V.Kanimozhi

...Petitioner / Respondent

Vs G.Aravind ... Respondent / Petitioner Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw the H.M.O.P.No.100 of 2020 on the file of the Sub Court 2 at Coimbatore and transfer the same to the file of Family Court, Tiruppur.

For Petitioner :

Mr.C.S.Saravanan For Respondent :

No Appearance

ORDER

The above Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P.No.100 of 2020, filed by the husband seeking divorce on the file of the Sub Court 2, Coimbatore to the file of the Family Court, Tiruppur.

2. The petitioner wife would submit that it is very difficult for her to travel to Coimbatore for attending the hearings. The petitioner wife would state that she has to take care of her child and she cannot leave her child at her parent's house to attend every hearing. The petitioner would state that she has filed a Domestic Violence Petition in D.V.A.No.24 of 2021 on the file of the Judicial Magistrate No.IV, Tiruppur seeking the relief of maintenance and other reliefs.

3. The respondent though served has not entered appearance. https://hcservices.ecourts.gov.in/hcservices/

4. Heard the learned counsel for the petitioner.

5. Considering the fact that the petitioner wife is residing at Tiruppur and also taking into account the fact that the husband is not maintaining his wife and the child, the Transfer Civil Miscellaneous Petition is allowed. Accordingly, H.M.O.P.No.100 of 2020 is withdrawn from the file of the Sub Court 2, Coimbatore and transferred to the file of the Family Court, Tiruppur. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kan To

1. The Subordinate Judge No.II, Coimbatore.

2. The Judge, Family Court, Tiruppur.

Tr.C.M.P.No.72 of 2022 AJS[co] NSK 02/05/2022 https://hcservices.ecourts.gov.in/hcservices/