T. Kavitha v. R. Manimaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.03.2025

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA Tr.C.M.P.No.111 of 2025 C.M.P.No.2235 of 2025 T.Kavitha

...Petitioner

Vs.

R.Manimaran

...Respondent

PRAYER: : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw and Transfer the H.M.O.P.No.3864 of 2024 on the file of the IV Additional Family Court, Chennai and transfer the same to Family Court at Thoothukkudi.

For Petitioner : Mr.K.Karthiresan For Respondent : Mr.V.Karthick

ORDER

The respondent wife in a petition for divorce H.M.O.P.No.3864 of 2024 on the file of the IV Additional Family Court, Chennai is the petitioner before this Court. She would seek to have the same transferred to the Family Court, 1/5

Thoothukkudi, since the petitioner is residing at Thoothukkudi. 2.The petitioner would submit that the respondent husband has not been maintaining herself and her son who is aged about five years old. The petitioner's son is studying at Auxilium Matriculation Higher Secondary School, Thoothukkudi. Since the matter is pending before the Family Court, Chennai, she has to travel to Chennai for all hearings.

3.Heard the learned counsels on either side and perused the records. 4.Though the defense was taken that the petitioner is not residing at Thoothukkudi but is residing at Tiruvallur, the documents filed on the side of the petitioner would clearly show that she is residing at Thoothukudi along with her five year old son.

5.Considering the fact that the husband has not taken any steps to maintain either the petitioner or his son and since the petitioner is residing at Thoothukkudi with her son who is undergoing his school education at Thoothukkudi, it would be appropriate that H.M.O.P.No.3864 of 2024 be withdrawn from the file of the 2/5

IV Additional Family Court, Chennai and transferred to the file of the Family Court at Thoothukkudi.

6.The Transfer Miscellaneous Petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 26.03.2025 ep Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order To 1.The IV Additional Family Court, Chennai 2.The Family Court at Thoothukkudi.

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P.T.ASHA, J., ep Tr.C.M.P.No.111 of 2025 C.M.P.No.2235 of 2025 4/5

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