V. Indhumathi v. M. Muthukumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.169 of 2023 &CMP.No. 3801 of 2023 V.Indumathi ....

Petitioner -VsM.Muthukumar ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw the case in H.M.O.P No.2816 of 2022 on the file of VII Additional Family Court, Chennai and transfer the same to Sub Court at Cheyyar, Thiruvannamalai.

For Petitioner : Mr.M.Deivanandam For Respondent : Mr.P.Anbarasan

O R D E R

This petition has been filed to withdraw the case in H.M.O.P No.2816 of 2022 before the VII Additional Family Court, Chennai and transfer the same to Sub Court at Cheyyar, Thiruvannamalai. 1/4

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. It is seen from the records, the respondent filed H.M.O.P No.2816 of 2022 on the file of VII Additional Family Court, Chennai, for divorce. Now, the petitioner lived in Chitharugavoor Pudur Village, Thiruvannamalai, which is 28 kms away from the Vandavasi. It is difficult for the petitioner to attend every hearing along with her 3 year girl child and aged parents, without sufficient source of income.

4. The reason assigned by the petitioner is justifiable. Hence, this Court is inclined to transfer H.M.O.P No.2816 of 2022, pending on the file of VII Additional Family Court, Chennai, to the Sub Court at Cheyyar, Thiruvannamalai.

5. Accordingly, the present Tr.C.M.P. is disposed of, and H.M.O.P No.2816 of 2022, pending on the file of VII Additional Family Court, Chennai, is withdrawn and transferred to the file of the Sub Court at Cheyyar, 2/4

Thiruvannamalai. Further, the VII Additional Family Court, Chennai, is directed to transfer the records in connection with HMOP No.2816 of 2022, to the Sub Court at Cheyyar, Thiruvannamalai, within a period of two weeks from the date of receipt of a copy of this order. Before the VII Additional Family Court, Chennai the petitioner remained ex parte now the petitioner is given liberty to file appropriate application for setting aside the ex parte order. Further both parties directed to appear before the Sub Court, Cheyyar, for mediation not less than three sittings. No costs. Consequently connected miscellaneous petition is closed. 30.03.2023 Index : Yes/No Internet : Yes/No mtl To 1.The VII Additional Family Court, Chennai.

2. The Sub Court, Cheyyar.

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T.V.THAMILSELVI, J.

mtl TR.CMP No.169 of 2023 &CMP.No. 3801 of 2023 30.03.2023 4/4