C.Nandhini v. C.Varadharajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.4712 of 2025 C.Nandhini ... Petitioner Vs.

C.Varadharajan ... Respondent Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw the case in HMOP.No.115 of 2024 on the file of the Principal Subordinate Judge, Pudukkottai and to transfer the said case to II Additional Subordinate Judge, Coimbatore, to be tried along with HMOP.No.565 of 2024 on the file of II Additional Subordinate Judge, Coimbatore. For Petitioner :

Mr.S.Sathya Narayanan For Respondent :

Mr.S.Sudhakar

ORDER

The petitioner-wife has filed the present transfer petition seeking to transfer HMOP.No.115 of 2024 filed by the respondent-husband on the file 1/4

of Subordinate Court, Pudukkottai to the file of II Additional Sub Court, Coimbatore, to be tried along with HMOP.No.565 of 2024 filed by her.

2. The petitioner-wife is residing at Coimbatore and she is having custody of her two minor children. The respondent-husband has not taken any steps to provide maintenance for the petitioner and her children. The respondent-husband has filed a petition for divorce before the Principal Sub Court, Pudukkottai. The petitioner-wife has filed a petition in HMOP.No.565 of 2024 before the II Additional Subordinate Court, Coimbatore, for restitution of conjugal rights. The petitioner would submit that she was bed-ridden because of the complications she faced at the time of delivering her twin babies and therefore, she had appointed a private nurse to care of her children. She also takes care of her aged father. In the said circumstances she finds it difficult to travel all along from Coimbatore to Pudukottai to attend the court hearings. Hence, she seeks transfer.

3. Taking into account the difficulties expressed by the petitioner in travelling from Coimbatore to Pudukkottai and also considering the fact that the petitioner does not have financial resources or moral support, her 2/4

request for transfer appears to be justified. Accordingly, the transfer petition is allowed and H.M.O.P.No.115 of 2024 pending on the file of Principal Subordinate Court, Pudukkottai is withdrawn from its file and transferred to II Additional Subordinate Court, Coimbatore, to be tried along with HMOP.No.565 of 2024 pending on the file of II Additional Subordinate Court, Coimbatore. No costs. Consequently, connected miscellaneous petition is closed.

07.04.2025 Index : Yes/No Internet : Yes/No ds To:

1.The Principal Subordinate Judge Pudukkottai.

2.The II Additional Subordinate Judge Coimbatore.

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

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P.T. ASHA, J, ds 07.04.2025 4/4