M.Kavitha v. T.Tamilarasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.M.P.No.1842 of 2025 M.Kavitha ... Petitioner Vs.

T.Tamilarasan ... Respondent PRAYER: Transfer Miscellaneous Petition filed under Section 24 of C.P.C., pleased to withdraw H.M.O.P.No.774 of 2023 on the file of the Family Court, Salem and transfer the same to the Sub Court, Omalur to try along with H.M.O.P.No.20 of 2024.

For Petitioner : Mr.D.Akaash For Respondent : Mr.R.Kandavel

ORDER

The respondent wife in H.M.O.P.No.774 of 2023 on the file of Family Court, Salem, is the petitioner before this Court. She seeks to transfer the petition for divorce filed by her husband from the Family Court, 1/5

Salem, to the Sub Court, Omalur.

2.The reasons for seeking the transfer are as follows:- a)Both the petitioner and the respondent are residents of Salem. b)The respondent is not giving any maintenance to the petitioner and she is entirely relying on her parents for her day to day expenses and if she is made to travel for every hearing before the Family Court, Salem, it would not only be a physical strain but also a financial strain on her. c)The Sub Court at Omalur has jurisdiction, in view of the residence of the petitioner and respondent.

d)petitioner has filed H.M.O.P.No.20 of 2024 on the file of the Sub Court, Omalur.

3.Heard the learned counsels on either side and perused the records. 4.Considering the above reasons that has been given and taking note of the fact that the husband has not given any maintenance to the wife and she is residing within the jurisdiction of the Court at Omalur, the Transfer 2/5

Miscellaneous Petition is allowed and H.M.O.P.No.774 of 2023 is withdrawn from the file of the Family Court, Salem and transferred to the file of the Family Court, Omalur and to be tried along with H.M.O.P.No.20 of 2024. No costs. Consequently, connected miscellaneous petition is closed.

20.03.2025 Index : Yes/No Speaking Order : Yes / No ep To 1.The Family Court, Salem.

2.The Sub Court, Omalur.

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P.T. ASHA., J, ep C.M.P.No.1842 of 2025 4/5

20.03.2025 5/5