Madras High CourtTR CMP/277/2024allowed

Agathiya v. Sarankumar

2024-09-13Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN TR.CMP No.277 of 2024 and CMP No.5700 of 2024 Agathiya ....

Petitioner -VsSarankumar ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw HMOP No.450 of 2023 on the file of the XVII Family Court, Tuticorin and transfer the same to Subordinate Court, Neyveli.

For Petitioner : Ms.E.Ramya Shree for M/s.Krishna Law Associates For Respondent : No appearance

O R D E R

Petitioner is the wife. She married the respondent on 28.06.2023. Due to misunderstanding that arose on account of the fact that the petitioner wanted to continue her education, which the respondent did not want, the parties separated. The husband has initiated proceedings for restoration of conjugal rights before the XVII Family Court at Tuticorin in HMOP No.450 of 2023. 1 / 4

2. The wife pleads that she is a permanent resident of Neyveli and currently undergoing her Masters in Social Work at Jawahar Science College, Neyveli in Cuddalore District. Pleading that she is unable to travel from Neyveli to Tuticorin she has initiated the present transfer petition.

3. Notice was ordered in the application on 13.03.2024. The husband was served on 22.03.2024. He has not entered appearance nor is he present in person to oppose the petition.

4. The petitioner is a young woman aged about 23 years and she is currently pursuing her education at Neyveli. The distance between Neyveli to Tuticorin would require overnight travel.

5. Taking into consideration the convenience of the wife, HMOP No.450 of 2023 on the file of XVII Family Court, Tuticorin is withdrawn and transferred to the file of the Subordinate Court at Neyveli. The Transfer petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 13.09.2024 Index : Yes/No KST 2 / 4

To 1.The XVII Family Court Tuticorin.

2.The Subordinate Court Neyveli.

3 / 4

V. LAKSHMINARAYANAN, J.

KST TR.CMP No.277 of 2024 13.09.2024 4 / 4