M.Padmavathi v. R.Sathish

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.2588 of 2025 M.Padmavathi ... Petitioner Vs.

R.Sathish ... Respondent Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw the case in H.M.O.P.No.5346 of 2024 from the file of learned VII Additional Family Court, Chennai and transfer the same to the file of Family Court, Salem.

For Petitioner :

Mr.K.Balakrishnan For Respondent :

Mr.D.Kanaga Sundaram

ORDER

The petitioner-wife has filed the present transfer petition seeking to withdraw HMOP.No.5346 of 2024 filed by the respondent-husband before the VII Additional Family Court, Chennai, and transfer the same to Family Court, Salem.

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2. The petitioner would submit that she resides at Salem under the care of her aged old parents. She finds it difficult to travel all of 350 kms. to attend every Court hearings at Chennai. She pleads that she has no one to accompany her during her visit to Chennai and there is no relative at Chennai to accommodate her for a short stay. Hence, she seeks transfer of the proceedings in HMOP.No.5346 of 2024 from the file of VII Additional Family Court, Chennai, to the file of Family Court, Salem. 3.Heard the learned counsel on either side. It is informed before the Court that the parties are negotiating for settlement and that they are about to file an application for divorce by mutual consent.

4. Considering the difficulties and sufferings expressed by the petitioner-wife in travelling to Chennai to attend the Court hearings, this Court is inclined to grant the relief sought by the petitioner. The HMOP No.5346 of 2024 pending on the file of VII Additional Family Court, Chennai, is withdrawn and transferred to Family Court, Salem. Since it is represented before this Court that the parties are attempting for a negotiated settlement, it is made clear that once they have agreed upon a settlement, the parties shall 2/4

file a petition for divorce by mutual consent before the Family Court at Salem.

5. The transfer CMP is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 24.04.2025 Index : Yes/No Internet : Yes/No ds To:

1.The VII Additional Judge Family Court, Chennai.

2.The Judge Family Court, Salem.

3.The Section Officer VR Section High Court, Madras.

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P.T. ASHA, J, ds 24.04.2025 4/4