S.Janani Anand v. N. Anand

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.03.2025

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA and C.M.P.No.2205 of 2025 S.Janani Anand ... Petitioner Vs N.Anand ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw H.M.O.P.No.4499 of 2024 on the file of the IV Additional Principal Family Court, Chennai and to order transfer of the same to the Family Court, Trichy for trial disposal.

For Petitioner :

Mr.P.M.Bakthavatsalam For Respondent :

Mr.P.Arumugavel *****

O R D E R

The wife in a matrimonial dispute has filed the above transfer civil miscellaneous petition seeking to withdraw the H.M.O.P.No.4499 of 2024 pending on the file of the IV Additional Principal Family Court, 1/5

Chennai, filed by the husband for restitution of conjugal rights and transfer the same to the file of the Family Court, Trichy.

2. The wife has sought this transfer on the following grounds: (i) The petitioner is residing at parents house at Trichy along with her three children.

(ii) The petitioner is unemployed and her aged parents are taking care of her and her 3 children. (iii) The entire expenses of the children has been taken care of by the petitioner's parents with the respondent not undertaking to fulfill his duties as a parent and husband.

(iv) The proceedings for divorce in H.M.O.P.No.4499 of 2024 is pending on the file of the IV Additional Principal Family Court, Chennai where the petitioner has to be present for every hearing. 2/5

(v) No maintenance has been given by her husband.

3. Heard the learned counsel for the petitioner and the learned counse

4. Taking into account the grievances expressed by the petitioner, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.4499 of 2024 pending on the file of the IV Additional Principal Family Court, Chennai is withdrawn and it shall stand transferred to the file of the Family Court, Trichy. The learned IV Additional Principal Family Judge shall first attempt mediation between the parties before taking up the matter for enquiry. No costs. Consequently, connected miscellaneous petition is closed. 05.03.2025 srn 3/5

To

1. The V Additional Principal Family Court, Chennai

2. The Family Court, Trichy

3. he Section Officer, V.R.Section, High Court, Madras. 4/5

P.T.ASHA, J., srn and C.M.P.No.2205 of 2025 05.03.2025 5/5