Madras High CourtTR CMP/112/2022allowed

K.Sumaiya v. Muneer Ahmed

2022-03-18Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2022

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA TR.C.M.P.NO.112 OF 2022 AND C.M.P.NO.2078 OF 2022 K.Sumaiya ... Petitioner Vs Muneer Ahmed ... Respondent PRAYER:

Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw and transfer the restitution of conjugal rights in O.S.No.321/2021 pending on the file of the learned III Family Judge, Chennai to the learned Family Court, Vellore, Vellore District.

For Petitioner : Mr.E.Kannadasan For Respondent : Served - No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw O.S.No.321/2021 filed by the respondent/husband for the restitution of conjugal rights from the file of the III Family Judge, Chennai and transfer the same to the file of the Family Court, Vellore, Vellore District.

2. The Transfer is sought for by the petitioner-wife on the ground that she is residing in her parents house along with her two female children in Vellore. It is her grievance that she finds it very difficult to travel alone from Vellore to Chennai. Further, the respondent/husband is not paying maintenance to her and her children.

3. Heard the learned counsel for the petitioner and perused the materials available on record. The respondent, though served, has not entered appearance.

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4. Considering the reasons given and the fact that the wife is residing within the Jurisdiction of the Family Court, Vellore, this Court is of the considered view that the request for transfer should be allowed.

5. Accordingly, the transfer Civil Miscellaneous Petition is allowed and O.S.No.321 of 2021 pending on the file of the learned III Family Judge, Chennai shall withdrawn and transferred to the file of the Family Court, Vellore. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ssn To

1. The III Family Judge, Chennai.

2. The Family Judge, Vellore.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.18505 Tr.C.M.P.No.112of 2022 and C.M.P.No.2078 of 2022 GMR(CO) PM/05/04/2022 https://hcservices.ecourts.gov.in/hcservices/