Madras High CourtTR CMP/164/2025allowed

N. Sonia Shree v. R. Gogulnath

2025-06-11Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI & CMP.No.3297 of 2025 N.Sonia Shree ... Petitioner vs.

R.Gogulnath ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw O.P.No.46 of 2022 from the file of the Sub Court, Dharapuram and to transfer the same to the file of the Family Court, Tirunelveli.

For Petitioner : Mr.R.Venkata Varathan For Respondent : No appearance

ORDER

The petitioner is the wife in the matrimonial proceeding. The petitioner seeks transfer of OP.No.46 of 2022 pending on the file of the Sub Court, Dharapuram, to be transferred to the file of the Family Court, Tirunelveli.

1/4

2. Despite service of notice on the respondent, the respondent has not chosen to enter appearance either in person or through counsel. The name of the respondent is also printed in the today's cause list. Hence, the respondent is called absent and set exparte.

3. I proceeded to hear the learned counsel for the petitioner. I have also gone through the affidavit filed in support of the transfer petition.

4. The petitioner has expressed her inconvenience and difficulties to travel 600 km for attending the hearings at Sub Court, Dharapuram and she also states that she has to take care of the minor child at Tirunelveli.

5. I find prima facie case made out by the petitioner/wife for transfer of OP No.46 of 2022 from the file of the Sub Court, Dharapuram to the Family Court, Tirunelveli.

6. In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. The case in OP.No.46 of 2022 is hereby withdrawn from the file of the Sub Court, Dharapuram and transferred to the file of the Family 2/4

Court, Tirunelveli. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed.

11.06.2025 vum Index : Yes/No Speaking Order : Yes / No To

1. The Sub Court, Dharapuram.

2. The Family Court, Tirunelveli.

3/4

P.B. BALAJI,J.

vum & CMP.No.3297 of 2025 11.06.2025 4/4