S.Revathy v. Palani Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA and C.M.P.No.3753 of 2025 S.Revathy ... Petitioner Vs Palani Murugan ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.2311 of 2024 from the IV Additional Family Court, Chennai and transfer the same to the Family Court at Chengalpet District.

For Petitioner : Mr.M.K.Bhoopathy Rajan For Respondent : Unclaimed-Deemed Service 1/5

O R D E R

The Petitioner/wife has filed this Transfer Civil Miscellaneous Petition seeking to withdraw the H.M.O.P.No.2311 of 2024 pending on the file of the IV Additional Family Court, Chennai and transfer the same to the file of the Family Court, Chengalpet District.

2. The petitioner-wife would submit that she filed a petition under the Domestic Violence Act in D.V.C.No.33 of 2024 on the file of the Additional Mahila Court at Chengalpet which is pending for trial. Subsequently, the respondent-husband had filed the H.M.O.P.No.2311 of 2024 for divorce on the file of the IV Additional Family Court, Chennai.

3. The petitioner-wife seeks transfer on the following grounds: (i) She is residing at Chengalpet along with her parents and is not employed.

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(ii) Since she is dependent on her parents financially, she cannot afford the expenses to attend the hearings in Chennai.

(iii) The respondent-husband has not been giving any maintenance to her.

(iii) The respondent-husband is an influential person in Chennai which could be a threat to her.

4. Heard the learned counsel for the petitioner and perused the materials available on record. Private notice sent to the respondent has been returned with an endorsement "unclaimed". Therefore, there is a deemed service. Even today, there is no representation for the respondent either in person or through counsel.

5. Taking into consideration the facts and circumstances of the case and looking into the grievances expressed by the petitioner, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.2311 of 2024 pending on the file of the IV Additional Family Court, 3/5

Chennai shall stand withdrawn and transferred to the file of the Family Court, Chengalpet. The learned IV Additional Judge, Family Court, Chengalpet is directed to dispose of the above said H.M.O.P within a period of 6 months from the date of receipt of a copy of this order. It is made clear that the presence of the respondent-husband is dispensed with except for adducing evidence. No costs. Consequently, connected civil miscellaneous petition is closed.

27.03.2025 srn To

1. The IV Additional Family Court, Chennai

2. The Family Court at Chengalpet District. 4/5

P.T. ASHA, J., srn and C.M.P.No.3753 of 2025 27.03.2025 5/5