K.Kavipriya v. M. Chandrasekar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr.C.M.P.No. 176 of 2025 & C.M.P.No. 3657 of 2025 K.Kavipriya

...Petitioner

Vs M.Chandrasekar ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw the case in HMOP.No.4 of 2024 on the file of the Sub Judge, Mettur and transfer the same to the file of the Family Court, Dharmapuri and to try along with the case in FCMC.No.52 of 2024.

For Petitioner :

Mr. K.Balasivasubramanian 1/5

For Respondent :

No Appearance

ORDER

The Transfer Petition is filed to withdraw the case in HMOP.No.4 of 2024 on the file of the Sub Judge, Mettur and transfer the same to the file of the Family Court, Dharmapuri and to try along with the case in FCMC.No.52 of 2024.

2. The petitioner married the respondent on 07.11.2022. Thereafter, due to difference of opinion the parties separated and the respondent herein had filed HMOP.No.4 of 2024 on the file of the Sub Judge, Mettur, seeking dissolution of marriage. Thereafter, the petitioner herein had filed FCMC.No.52 of 2024, on the file of the Family Court, Dharmapuri, seeking maintenance of Rs.30,000/- per month.

3. The petitioner would submit that she is presently living at Dharmapuri and the distance from Dharmapuri to Mettur is about 150 2/5

Kms. She would submit that she cannot travel from Dharmapuri to Mettur for attending every hearing. Further, her parents are elderly and they cannot accompany her to attend the Court proceedings. She would submit that she is depending on her parents for her day to day expenses. Therefore, she would submit that it is very difficult for her both physically and financially to travel to attend the hearing.

4. The respondent though served has not entered appearance.

5. Considering the difficulty of the petitioner particularly the fact that she is not receiving any maintenance from the respondent, the transfer petition is allowed as prayed for. Consequently, the connected miscellaneous petition is closed. No costs.

25.03.2025 Index: Yes/No Speaking order/non-speaking order kan 3/5

To 1.The Sub Judge, Mettur.

2.The Family Court, Dharmapuri.

4/5

P.T.ASHA, J., kan 25.03.2025 5/5