A. Rathna v. S. Ramalingam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2022
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.NO.275 OF 2021 AND C.M.P.NO.7160 OF 2021 A.Rathna ... Petitioner Vs.
S.Ramalingam ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw H.M.O.P.No.30 of 2021 pending on the file of the Sub-Court at Nagapattinam and transfer the same to IV Additional Judge, Family Court at Chennai, to be tried along with M.C.No.13 of 2021 on the file of the IV Additional Judge, Family Court at Chennai. For Petitioner : Mr.S.Vasudevan For Respondent : Mr.M.Selvam
O R D E R
The Petitioner/Wife has filed this Transfer Civil Miscellaneous Petition seeking to transfer H.M.O.P.No.30 of 2021 filed by the husband before the Sub-Court at Nagapattinam seeking divorce on the ground of cruelty and desertion to the file of the IV Additional Judge, Family Court at Chennai, to be tried along with M.C.No.13 of 2021.
2. The wife in her affidavit stated that she is residing in Chennai and travelling to Nagapattinam would be a constraint on her particularly when she is living in a separate rented house with her minor child from the year 2019. That apart, it is seen that the husband is not providing any maintenance to her and also to his child. This has constrained her to file M.C.No.13 of 2021.
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3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.
4. In the above narrated circumstances, her request for transfer appears to be justified. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.30 of 2021 pending on the file of the Sub-Court, Nagapattinam is withdrawn and transferred to the file of the IV Additional Judge, Family Court at Chennai, to be tried along with M.C.No.13 of 2021. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ssn To
1. The Sub-Court, Nagapattinam.
2. The IV Additional Judge, Family Court, Chennai.
+1cc to M/s.M.Selvam, Advocate, S.R.No.14432 +1cc to Mr.S.Vasudevan, Advocate, S.R.No.14006 Tr.C.M.P.No.275 of 2021 and C.M.P.No.7160 of 2021 GP(CO) RLP(11/03/2022) https://hcservices.ecourts.gov.in/hcservices/