R. Ragapriya v. M. Dinesh Ram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr.C.M.P.No. 228 of 2025 & C.M.P.No. 4316 of 2025 R.Ragapriya

...Petitioner

Vs.

M.Dinesh Ram

...Respondent

Prayer: Transfer Petition is filed under Section 24 of the CPC, to withdraw HMOP.No.31 of 2025 pending on the file of the Family Court, Theni and transfer the same to the Sub Court, Poonamallee. For Petitioner :

Mr. B.Thirunavukkarasu For Respondent :

Ms. S.Agalya 1/5

O R D E R

The wife is the petitioner before this Court seeking a transfer of HMOP.No.31 of 2025 filed by her husband on the file of the Family Court, Theni, seeking divorce to the file of the Sub Court, Poonamallee.

2. The petitioner would submit that she had been subjected to great deal of physical and mental abuse at the hands of the respondent / husband. Even during her matrimonial relationship with him she was not given any money for her expenses. Thereafter, the petitioner and her 4 year old son had been deserted by him and all of a sudden the respondent filed a petition for divorce in HMOP.No.49 of 2021 on the file of the Sub Court, Periyakulam and the petitioner has filed a petition for restitution of conjugal rights in HMOP.No.829 of 2021 on the file of the Sub Court, Poonamallee. The petitioner had filed a transfer petition in Tr.C.M.P.No.769 of 2021 before this Court and had got the petitions filed by them transferred to the file of the Sub Court, Alandur.

3. Thereafter, the respondent promised to live with his wife and the 2/5

son. However, he had once again deserted them. The petitioner has filed a maintenance case before the Judicial Magistrate II, at Poonamallee in MC.No.12 of 2024 as the respondent / husband was not maintaining his wife and son.

4. Thereafter, the respondent has filed a petition in HMOP.No.31 of 2025, seeking divorce on the file of the Family Court, Theni, where the petitioner has to appear for very hearing.

5. Considering the reasons given above and taking note of the fact that the respondent / husband is not maintaining the petitioner and her son which had constrained her to file MC.No.12 of 2024 on the file of the Judicial Magistrate II, Poonamallee, the transfer petition is allowed as prayed for. Consequently, the connected miscellaneous petition is closed. No costs. 28.03.2025 Index : Yes/No Internet : Yes/No kan To 3/5

1.The Family Court, Theni.

2.The Sub Court, Poonamallee.

P.T. ASHA, J, 4/5

kan 28.03.2025 5/5