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Madras High CourtTR CMP/228/2022allowed

S.Jasmine v. S.Subin

2022-04-25Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr.C.M.P.No.228 of 2022 & C.M.P.No.4600 of 2022 S.Jasmine

...Petitioner

Vs S.Subin

...Respondent

Prayer: The petition is filed under Section 24 of the Code of Civil Procedure to withdraw and transfer I.D.O.P.No.239 of 2022 pending on the file of the Hon'ble Family Judge at Coimbatore to the Hon'ble Sub Court, Poonamallee, Kancheepuram. For Petitioner :

Mr.T.Nixon For Respondent :

No Appearance.

ORDER

The above petition is filed by the wife seeking transfer of I.D.O.P.No.239 of 2022, filed by the husband seeking divorce on the file of the Family Court, Coimbatore to the file of the file of the Sub Court, Poonamallee, Kancheepuram.

2. The petitioner wife would submit that she is residing with her parents at Chennai along with her child. The petitioner would state that she has to travel 650 Kms to attend the hearing at the Family Court, Coimbatore and has to take the assistance of her parents. The petitioner would further submit that she has filed a maintenance case in M.C.No.38 of 2021 before the Magistrate Court, Ambathur and the same is pending. Therefore, the petitioner has come forward with the present petition seeking transfer.

3. The respondent though served has not entered appearance.

4. Considering the fact that the petitioner is residing at Chennai and also taking into account the fact that the https://hcservices.ecourts.gov.in/hcservices/

respondent husband is not maintaining the wife and child, the Transfer Civil Miscellaneous Petition is allowed. Accordingly, I.D.O.P.No.239 of 2022 pending on the file of the Family Court, Coimbatore is withdrawn and transferred to the file of the Sub Court, Poonamallee. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar kan To 1.The Family Court, Coimbatore.

2.The Subordinate Judge, Poonamallee.

+1 CC to Mr.T.Nixon, Advocate sr 27889.

Tr.C.M.P.No.228 of 2022 RK(CO) SP(17/05/2022) https://hcservices.ecourts.gov.in/hcservices/