Y.Yamini v. S.Sakthidasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.P.No.2339 of 2023 Y.Yamini

...Petitioner

Vs S.Sakthidhasan

...Respondent

PRAYER : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to pass an order to withdraw the petition in H.M.O.P.No.259 of 2022 pending on the file of Family Court at Thanjavur and post along with the petition in M.C.No.22 of 2023 pending on the file of II Additional Family Court at Chennai to be tried jointly.

For Petitioner : Mr.G.Mohanarangan For Respondent : Private notice served (No Appearance) 1/5

ORDER

The respondent wife has filed this Transfer Civil Miscellaneous Petition seeking to transfer H.M.O.P.No.259 of 2022 pending on the file of the Family Court, Thanjavur to the file of II Additional Family Court, Chennai, to be tried along with M.C.No.22 of 2023. 2.Heard the learned counsel for the petitioner and the perused the records. The respondent though served has not entered appearance either in person or through counsel.

3.The petitioner would submit that she has left the matrimonial home on account of the cruelty that is meted out to her and she and her two children are living in Villivakkam, Chennai. The petitioner would submit that she is working at Chennai and since the matter is now pending before a Family Court, Thanjavur, she has to travel for every hearing to Tanjavur which is very difficult having two minor children and also the fact that the respondent has not given any maintenance for the children who have been taken care of only by the petitioner. That apart petitioner has instituted M.C.No.22 of 2023 on the file of the II 2/5

Additional Family Court, Chennai. Therefore, since the respondent is already attending aforesaid proceedings it would be in the interest of the parties to transfer H.M.O.P.No.259 of 2022 from the file of the Family Court, Tanjavur to the file of the II Additional Family Court, Chennai to be tried along with M.C.No.22 of 2023. The reasons put forward by the petitioner justifies the request for transfer. 4.Accordingly, this Transfer Civil Miscellaneous Petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

27.02.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The Family Court at Thanjavur 2.The II Additional Family Court at Chennai 3/5

P.T.ASHA , J, ep C.M.P.No.2339 of 2023 27.02.2025 4/5

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