K.R.Uthaiya Tharsini v. S.Rajesh Kanna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & C.M.P. No. 4583 of 2025 K.R.Uthaiya Tharsini

...Petitioner

Vs.

S.Rajesh Kanna

...Respondent

Prayer: Transfer Petition is filed under Section 24 of the CPC, to withdraw HMOP.No.284 of 2024 pending on the file of the Sub Court, Sivakasi, Virudhunagar District and transfer the same to the Family Court, Chennai.

For Petitioner :

Mr. S.D.Venkateswaran For Respondent :

No Appearance.

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O R D E R

The Transfer Petition is filed to withdraw HMOP.No.284 of 2024 pending on the file of the Sub Court, Sivakasi, Virudhunagar District and transfer the same to the Family Court, Chennai.

2. The petitioner married the respondent on 04.03.2018. Thereafter, due to difference of opinion the parties separated and the petitioner had filed HMOP.No.4026 of 2022 on the file of the IV Additional Family Court, Chennai, seeking dissolution of the marriage. Thereafter, the respondent had filed HMOP.No.284 of 2024 on the file of the Sub Court, Sivakasi, Virudhunagar District seeking restitution of conjugal rights.

3. The petitioner would submit that she is employed at Chennai and the petitioner and her child are in the custody of her parents. She would submit that it is very difficult for her to travel to Sivakasi to attend the hearings. The petitioner would submit that the respondent is also residing at Chennai. Therefore, she request that the HMOP filed 2/5

by the respondent may be transferred to the file of the Family Court, Chennai.

4. Heard the learned counsel and perused the records.

5. Considering the fact that the respondent is also residing at Chennai, the transfer petitioner is allowed as prayed for. However, the respondent need not appear before the Court for every hearing except for adducing evidence and for counselling. Consequently, the connected miscellaneous petition is closed. No costs. 23.04.2025 Index : Yes/No Internet : Yes/No kan To 3/5

1.The Sub Court, Sivakasi, Virudhunagar District 2.The Family Court, Chennai.

P.T. ASHA, J, 4/5

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