E.Kavitha v. S.Seetharaman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2023 CORAM :

THE HONOURABLE Mrs.JUSTICE T.V.THAMILSELVI TR.CMP No.103 of 2023 and C.M.P.No.2218 of 2023 E.Kavitha .... Petitioner -VsS.Seetharaman .... Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and transfer the O.P.No.95 of 2022 on the file of the Sub Court, Ambasamudram to the First Additional Principal Family Court, For Petitioner : Mr.G.Purushotham For Respondent : Mr.A.Athimoolam ***** 1 / 4

O R D E R

The petitioner/wife seeks transfer of O.P.No.95 of 2022 on the file of the Sub Court, Ambasamudram to the file of the First Additional Principal Family Court, Chennai.

2. The learned counsel for the petitioner submits that the petitioner is living at Chennai at her parents house. The petitioner also filed a petition in M.C.No.650 of 2022 before the Family Court, Chennai. The petitioner is unable to attend the hearings before the Sub Court, Ambasamudram and hence, she wants to transfer O.P.No.95 of 2022 on the file of the Sub Court, Ambasamudram to the file of the First Additional Principal Family Court,

3. The learned counsel for the respondent submitted that before marriage, a sum of Rs.8,00,000/- was given to the petitioner/wife and after the marriage, she used to demand money and harass the respondent/husband.

4. Considering the fact that the petitioner is residing at Chennai and to travel more than 500 kms to attend the case at Sub Court, Ambasamudram, this Court is inclined to transfer O.P.No.95 of 2022. Accordingly, O.P.No.95 of 2022 is withdrawn from the file of the Sub Court, Ambasamudram and 2 / 4

transferred to the file of First Additional Principal Family Court, Chennai and the learned Subordinate Judge, Ambasamudram is directed to send entire records to the learned First Additional Principal Family Court Judge, Chennai within a period of two(2) weeks from the date of receipt of a copy of this order. Further, considering the submission that there is a possibility of settlement, both the parties are directed to appear before the Mediation Centre, Chennai not less than three sittings. Since the respondent is residing at Tirunelveli, the trial Court is directed to post the matter more particularly on Saturdays and also as and when required.

5. Accordingly, this Tr.C.M.P.No.103 of 2023 is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

31.03.2023 Index : Yes/No Speaking Order: Yes/No kmi To 1.The Sub Court, Ambasamudram.

2.The First Additional Principal Family Court, 3 / 4

T.V.THAMILSELVI, J.

kmi TR.CMP No.103 of 2023 31.03.2023 4 / 4