M.S.Kavi Priya v. B.Santhosh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.125 of 2024 & C.M.P.No.2638 of 2024 M.S.Kavi Priya ... Petitioner -VersusB.Santhosh Kumar ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the petition in HMOP.No.732 of 2023 pending on the file of the Family Court, Tiruppur and transfer the same to the Sub Court Gudiyattam.

For Petitioner : Mr.D.A.Sugumar For Respondent : No appearance

ORDER

The petitioner is the wife. She is a permanent resident of Gudiyatham. The respondent/husband is a permanent resident of Tiruppur. The petitioner and the respondent got married on 17.01.2021. The husband has initiated HMOP.No.732 of 2023 before the Family Court at Tiruppur.

2. The wife has also initiated a HMOP, which is unnumbered, for restitution of conjugal rights before the Sub Court at Gudiyatham.

3. The petitioner/wife pleads her inability to travel from Gudiyatham to Tiruppur, which is of considerable distance.

4. The respondent/husband, though served in the proceedings, has not entered appearance through a counsel, nor is he appearing in person to oppose the petition.

5. Taking into consideration the interest of the wife, HMOP.No.732 of 2023 is withdrawn from the file of the Family Court at Tiruppur and is transferred to the file of the Sub court at Gudiyatham.

6. With the aforesaid direction, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

25.04.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order

To 1.The Family Court, Tiruppur 2.The Sub Court at Gudiyatham

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.125 of 2024 & C.M.P.No.2638 of 2024 25.04.2024