S.Chithra @ Venkatalakshimi v. M.Venkatesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Tr.C.M.P.No.142 of 2024 and C.M.P.No.2873 of 2024 S.Chithra @ Venkatalakshimi ... Petitioner Vs.

M.Venkatesan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the HMOP No.163/2023 on the file of Sub Court, Mettur to Family Court, Salem. For Petitioner :

Mr.J.Ramakrishnan For Respondent :

No Appearance

ORDER

The petitioner filed this transfer petition seeking transfer of HMOP.No.163 of 2023 filed by her estranged husband/respondent from the file of the Subordinate Court, Mettur to the file of the Family Court, Salem. Page No.1 of 4

2. Though notice has been served on the respondent, none has entered appearance on behalf of the respondent.

3.The learned counsel for the petitioner submitted that marriage between petitioner and respondent solemnized on 03.02.2014 and they were blessed with a female child born on 04.07.2017. Since the respondent and his family members started to ill-treat the petitioner, the petitioner was not having conducive atmosphere to reside in the matrimonial home. Now, the petitioner along with her daughter depend on her parents. He further submitted that the petitioner is residing in Salem and is having a female child and aged parents and it is very difficult for her to travel from Salem to Mettur along with her child. Hence, prays for transfer. 4.Considering the submissions and on perusal of the materials, it is seen that the petitioner is facing difficulty in taking care of her female child and she depends upon her father. Being a single woman, she cannot travel from Salem to Mettur with a female child. In view of the same, this Court withdraws HMOP.No.163 of 2023 from the file of the Subordinate Court, Page No.2 of 4

Mettur and transfers the same to the file of the Family Court at Salem. 5.Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected civil miscellaneous petition is closed. No costs. 29.07.2024 Speaking Order/Non Speaking Order Index : Yes/No Internet : Yes Jer To 1.The Subordinate Court, Salem.

2.The Subordinate Court, Mettur.

Page No.3 of 4

M.NIRMAL KUMAR, J.

Jer Tr.C.M.P.No.142 of 2024 and C.M.P.No.2873 of 2024 29.07.2024 Page No.4 of 4