M.Sandhiya v. E.Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & C.M.P.No.2606 of 2025 M.Sandhiya

...Petitioner

Vs E.Suresh ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw and transfer the divorce petition in H.M.O.P.No.286 of 2024 pending before the Subordinate Court, Thiruvottiyur, Chennai to the Family Court, Vellore, Vellore District. For Petitioner :

Mr.E.Kannadasan For Respondent :

Mr.K.Arun Pradeesh

ORDER

The petition has been filed by the petitioner-wife seeking transfer of H.M.O.P.No.286 of 2024 pending on the file of the Subordinate Court, 1/5

Thiruvottiyur, Chennai which is filed by her husband for divorce, to the file of the Family Court, Vellore, Vellore District.

2. The petitioner-wife has sought for a transfer for the following reasons:

a) The respondent has failed to take back the petitioner to her matrimonial home, though he had promised to do so.

b) The petitioner is residing with her aged parents at Vellore and since the matter is pending before the Court at Thiruvottiyur, Chennai, she has to travel from Vellore to Thiruvottiyur, which, apart from being expensive, is also a physical strain on her.

c) The respondent-husband has not been giving any maintenance to the petitioner.

3. Heard the learned counsel and perused the records. 2/5

4. In the light of the above reasons given for seeking the transfer, which appear to be reasonable and taking into account the fact that the petitioner-wife is residing at Vellore and the Family Court, Vellore has also been conferred with the jurisdiction, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.286 of 2024, pending on the file of the Subordinate Court, Thiruvottiyur, Chennai is withdrawn and transferred to the file of the Family Court, Vellore. However, considering the fact that the respondent-husband is working in the State Bank of India, Chennai, his presence for all the hearings is dispensed with, except when he is required to be present for counselling and for adducing evidence. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 05.03.2025 Index : Yes/No Speaking order/non-speaking order srn 3/5

To 1.The Subordinate Court, Thiruvottiyur, Chennai 2.The Family Court, Vellore, Vellore District. 4/5

P.T.ASHA, J., srn & C.M.P.No.2606 of 2025 05.03.2025 5/5