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Madras High CourtTR CMP/170/2025allowed

S.Mitra v. D.Thiyagarajan

2025-03-25Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr.C.M.P.No. 170 of 2025 & C.M.P.No. 3392 of 2025 S.Mitra

...Petitioner

Vs D.Thiyagarajan ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw the case in HMOP.No.71 of 2024 from the file of the Sub Court, Panrutti and transfer the same to the file of the Sub Court, Gobichettipalayam. 1/5

For Petitioner :

Mr. S.Sai Shankar For Respondent :

Mrs. R.Meenal

ORDER

The transfer petition is filed to withdraw the case in HMOP.No.71 of 2024 from the file of the Sub Court, Panrutti and transfer the same to the file of the Sub Court, Gobichettipalayam.

2. The petitioner married the respondent on 10.03.2019. Thereafter, due to difference of opinion the parties separated. Thereafter, the respondent herein filed a petition seeking restitution of conjugal rights.

3. The petitioner would submit that she is presently residing with her parents at Gobichettipalayam and depending on her parents for her day to day expenses. She is unable to travel to Panruti to attend every 2/5

hearing. The petitioner would further submit that the distance between Panruti and Gobichettipalayam is about 270 Kms. The petitioner would submit that it is very difficult for her both physically and financially to travel to Panruti. Therefore, the petitioner is before this Court seeking transfer of the petition filed by the husband for restitution of conjugal rights.

4. Heard the learned counsel and perused the records.

5. Considering the above facts particularly the fact that the petitioner is not receiving any maintenance from the respondent, the transfer petition is allowed as prayed for. Consequently, the connected miscellaneous petition is closed. No costs.

25.03.2025 Index: Yes/No Speaking order/non-speaking order kan 3/5

To 1.The Sub Court, Panrutti.

2.The Sub Court, Gobichettipalayam.

4/5

P.T.ASHA, J., kan 25.03.2025 5/5