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Madras High CourtTR CMP/118/2022allowed

Vinitha v. G.Mathiazhagan

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.118 of 2022 and C.M.P.No.2248 of 2022 Mrs.Vinitha

...Petitioner

Vs G.Mathiazhagan

...Respondent

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the M.O.P.No.334 of 2019 pending on the file of the Hon'ble Family Court, Puducherry and transfer the same to any Family Court, Chennai. For Petitioner : Mr.S.D.Ramalingam For Respondent : Served - No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the M.O.P.No.334 of 2019 pending on the file of the Hon'ble Family Court, Puducherry and transfer the same to any Family Court, Chennai.

2. The Transfer is sought for by the petitioner/wife on the ground that she is residing in Chennai along with her minor girl child with her parents. It is her grievance that she finds it very difficult to travel along with her two year old minor girl child from Chennai to Puducherry for every hearing. She is only depending on her father financially to meet the day to day expenses of her daughter and herself. She is not able to spend money for travel for every hearing. Further, the respondent/husband is not paying any maintenance to her or her minor child.

3.Heard the learned counsel for the petitioner and perused https://hcservices.ecourts.gov.in/hcservices/

the materials available on record. The respondent, though privately served, has not entered appearance. 4.Considering the reasons given and the fact that the wife is residing within the Jurisdiction of the Family Court, Chennai, 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Civil Miscellaneous Petition is allowed and M.O.P.No.334 of 2021 pending on the file of the Family Court, Puducherry is withdrawn and transferred to the file of the Family Court, Chennai. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ssn To

1. The Judge, Family Court, Puducherry.

2. The Judge, Family Court, Chennai.

+1cc to Mr.S.D.Ramalingam, Advocate, S.R.No.18364 Tr.C.M.P.No.118 of 2022 and C.M.P.No.2248 of 2022 GMR(CO) RGA(04/04/2022) https://hcservices.ecourts.gov.in/hcservices/