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Madras High CourtTR CMP/166/2025allowed

Rasmitha v. Deepak

2025-04-24Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.3340 of 2025 Rashmitha ... Petitioner Vs.

Deepak ... Respondent Prayer: Transfer Petition filed under Section 24 of Civil Procedure Code praying to withdraw the proceedings in HMOP.No.73 of 2024 pending on the file of the Family Court, Puducherry and transfer the same to the Family Court at Ooty, Nilgiris District, for trying along with HMOP.No.7 of 2025. For Petitioner :

Mr.S.Kamadevan For Respondent :

Mr.N.Nirmal Raj 1/4

ORDER

The petitioner-wife has filed the present transfer petition seeking to withdraw the divorce petition in H.M.O.P.No.73 of 2024 filed by the respondent-husband before the Family Court, Puducherry and transfer the same to the file of Family Court at Ooty, Nilgiris to be tried along with HMOP.No.7 of 2025 filed by the petitioner.

2. The learned counsel appearing for the respondent on instructions would submit that the respondent-husband has no objection in allowing the transfer petition filed by the petitioner-wife. The respondent would submit that his presence may be dispensed with before the Family Court, Ooty.

3. Taking into account the convenience of the petitioner and also that the respondent has no objection in allowing the transfer of proceedings in H.M.O.P.No.73 of 2024 to Family Court, Puducherry, the Tr.CMP is allowed and H.M.O.P.No. 73 of 2024 pending on the file of Family Court, Puducherry, is withdrawn and transferred to Family Court at Ooty, Nilgiris District, to be tried along with HMOP.No.7 of 2025. It is made clear that the Family Court, Ooty will not insist upon the presence of the respondent2/4

husband for all hearings in both HMOPs, except for essential hearings like recording evidence and counselling etc., No costs. Consequently, connected miscellaneous petition is closed.

24.04.2025 Index : Yes/No Internet : Yes/No ds To:

1.The Judge Family Court Puducherry.

2.The Judge Family Court Ooty, Nilgiris District.

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

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