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Madras High CourtTR CMP/387/2025allowed

Abishegavalli v. Sassty Vadivan

2025-06-18Honourable Mr.Justice P.B. Balaji6 pages

P.B.BALAJI, J.

Today, this matter is listed under the caption "For Being Mentioned" at the instance of the learned counsel for the petitioner.

2. Learned counsel for the petitioner filed a memo dated 21.08.2025 stating that, in this transfer petition, inadvertently, the prayer has been wrongly sought for as if the petitioner seeks transfer of MOP.No.41 of 2025 pending on the file of the Family Court, Puducherry to the file of the Family Court, Thiruvarur instead of Sub Court, Thiruvarur and thereby, this Court, while allowing this transfer petition, ordered for transfer of MOP.No.41 of 2025 to the file of the Family Court, Thiruvarur. Learned counsel further submits that, in addition to the above correction, the case number has been wrongly mentioned as MOP.No.41 of 2024 instead of 41 of 2025 in the prayer portion as well as in paragraph Nos.3 & 5 of the said order.

3. The said memo filed by the petitioner is recorded and the Registry is directed to carry out the aforesaid correction in respect of the name of the transferee Court and also the MOP case number in the order dated 18.06.2025 and issue a fresh copy of the order to the learned counsel for the parties.

28.08.2025 skt 1/6

P.B.BALAJI, J.

skt Tr.CMP.No.387 of 2025 28.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated :18.06.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.387 of 2025 and C.M.P.No.8616 of 2025 Mrs.Abishegavalli .... Petitioner vs Sassty Vadivan ... Respondent Tr.Civil Revision Petition filed under Section 24 of Civil Procedure Code seeking to withdraw M.O.P.No.41 of 2024 from the file of Family Court, Puducherry and transfer the same to the file of Family Court, Thiruvarur.

For Petitioner : Mr.Krishna Ramanajam For Global and Legal For Respondent : No appearance

ORDER

Despite service of notice and printing the name of the respondent in the cause list, the respondent has not chosen to enter appearance either in person or through counsel. Hence the respondent is called absent and set exparte.

2. Heard the learned counsel for the petitioner.

3. The respondent/husband initiated MOP NO.41 of 2024 before 3/6

Family Court, Pondicherry for restitution of conjugal rights. The petitioner/wife has now sought for transfer citing the birth of her son and also the inconvenience that caused to the petitioner/wife who is depending on her parents for attending the hearings before Family Court, Puducherry.

4. Finding that the petitioner/wife, has assigned genuine and acceptable reasons for transfer, this Court is of the opinion that the petitioner has made out a case for transfer of the the case, as prayed for.

5. Accordingly, Tr.C.M.P.No.387 of 2025 is allowed and MOP No.41 of 2024 pending on the file of Famil Court, Puducherry is withdrawn and transferred to Family Court, Thiruvarur.

6. The Family Court, Puducherry is directed to send the entire records relating to MOP No.41 of 2025 to Family Court, Thiruvarur forthwith. No costs. Consequently, connected miscellaneous petition is closed. 18.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To 4/6

1. The Family Court, Pondicherry

2. The Family Cour, Thiruvarur 5/6

P.B.BALAJI.,J.

Sr Tr.C.M.P.No.387 of 2025 18.06.2025 6/6