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Madras High CourtTR CMP/247/2023allowed

S.Sharmila v. S.Senthil Kumar

2023-03-30Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.247 of 2023 &CMP.No. 5366 of 2023 S.Sharmila ....

Petitioner -VsS.Senthil Kumar ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw the case in H.M.O.P No.1447 of 2022 on the file of Family Court, Madurai and transfer the same to Family Court, Chennai. For Petitioner : Mr.H.Prosper For Respondent : No appearance

O R D E R

This petition has been filed to withdraw the case in H.M.O.P No.1447 of 2022 before Family Court, Madurai and transfer the same to Family 1/4

Court, Chennai.

2. Heard the learned counsel for the petitioner. Despite serving notice there is no representation on the side of the respondent.

3. It is seen from the records, the respondent filed HMOP No.1447 of 2022, on the file of Family Court, Madurai, for divorce. Now, the petitioner lived in Chennai along with her one year old child and aged parents, without sufficient source of income and the distance between Chennai and Madurai is nearly about 450 kilometers.

4. The reason assigned by the petitioner is justifiable. Hence, this Court is inclined to transfer 1447 of 2022, pending on the file of Family Court, Madurai, to the Family Court, Chennai.

5. Accordingly, the present Tr.C.M.P. is allowed, and H.M.O.P No.1447 of 2022, pending on the file of Family Court, Madurai, is withdrawn and transferred to the file of the Family Court, Chennai. Further, the concerned Court is directed to transfer the records in connection with H.M.O.P No.1447 of 2/4

2022 within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently connected civil miscellaneous petition is closed. 30.03.2023 Index : Yes/No Internet : Yes/No mtl To 1.The Family Court, Madurai.

2. The Family Court, Chennai.

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T.V.THAMILSELVI, J.

mtl TR.CMP No.247 of 2023 &CMP.No. 5366 of 2023 30.03.2023 4/4