Madras High CourtTR CMP/174/2022allowed

Kavipriya v. Manoj

2022-04-20Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA Tr.C.M.P.No.174 of 2022 & C.M.P.No.3444 of 2022 Kavipriya ... Petitioner Vs Manoj ... Respondent Prayer: The petition is filed under Section 24 of the Code of Civil Procedure to withdraw I.D.O.P.No.429 of 2021 on the file of the Principal District and Sessions Judge, Thiruvallur and transfer the same to the Family Court, Salem. For Petitioner :

Mr.R.Nalliyappan For Respondent :

Mr.S.N.A.Hussainy

ORDER

The above petition is filed by the wife seeking transfer of I.D.O.P.No.429 of 2021, filed by the husband seeking divorce on the file of the Principal District and Sessions Judge, Thiruvallur to the file of the Family Court, Salem.

2. The petitioner wife would submit that she is residing with her aged parents along with her child at Salem. The petitioner would state that the respondent husband is not maintaining her and the child. The petitioner would further submit that it is very difficult for her to travel to Thiruvallur to attend every hearing. Therefore, the petition in I.D.O.P.No.429 of 2021 filed by the respondent has to be transferred to the file of the Family Court, Salem.

3. Heard the learned counsel and perused the records.

4. Considering the fact that the petitioner is residing at Salem and also taking into account the fact that the respondent husband is not maintaining the wife and his child, the Transfer Civil Miscellaneous Petition is allowed.

Accordingly, I.D.O.P.No.429 of 2021 pending on the file of the Principal District and Sessions Judge, Thiruvallur is withdrawn and https://hcservices.ecourts.gov.in/hcservices/

transferred to the file of the Family Court, Salem. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar kan To

1. The Principal District and Sessions Judge, Thiruvallur.

2. The Judge, Family Court, Salem.

+1cc to Mr.R.Nalliyappan, Advocate, S.R.No.26899 Tr.C.M.P.No.174 of 2022 BP[co] NSK/17/05/2022 https://hcservices.ecourts.gov.in/hcservices/