A.Babyrani v. Sathishkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :27.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA TR C.M.P.No.237 of 2025 and C.M.P.No.4598 of 2025 A.Babyrani ... Petitioner Vs Sathishkumar ... Respondent Prayer: Civil Miscellaneous Petition filed under Article 24 of the Family Court Act praying to withdraw the H.M.O.P.No.789 of 2024 on the file of the Family Court, Salem and transfer the same to the file of the Family Court, Pudukottai, tried along with H.M.O.P.No.183 of 2024 For Petitioner : Mr.S.Ravi For Respondent : Private notice served - No Appearance

O R D E R

The Petitioner/wife has filed this Transfer Civil Miscellaneous Petition seeking to withdraw the H.M.O.P.No.789 of 2024 pending on the file of the Family Court, Salem and transfer the same to the file of the Family Court, Pudukottai to be tried along with H.M.O.P.No.183 of 2024.

2. The petitioner-wife would submit that the respondent-husband had filed H.M.O.P.No.789 of 2024 before the Family Court, Salem for divorce. 1/4

She had filed H.M.O.P.No.183 of 2024 for restitution of conjugal rights on the file of the Family court, Pudukottai.

3. The petitioner-wife would submit that she is residing at Pudukottai which is approximately 250 kms away from Salem and it is very difficult for her to appear for every hearing at Salem. That apart, she has to take care of her 1 year old baby and her parents are also elderly persons. Moreever, she has no means of income. The respondent-husband has not been giving any maintenance to her. Hence, she seeks transfer.

4. Heard the learned counsel for the petitioner and perused the materials available on record. Private notice has been served on the respondent, however, 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Miscellaneous Petition is allowed and H.M.O.P.No.789 of 2024 pending on the file of the Family Court, Salem shall stand withdrawn and 2/4

transferred to the file of the Family Court, Pudukottai to be tried along with H.M.O.P.No.183 of 2024. No costs. Consequently, connected civil miscellaneous petition is closed.

27.03.2025 Index: Yes/No Speaking order/non-speaking order srn To,

1. The Family Court, Salem 2.The Family Court, Pudukottai.

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P.T.ASHA, J., srn TR C.M.P.No.237 of 2025 and C.M.P.No.4598 of 2025 27.03.2025 4/4