S. Jananee v. T. Suseeth Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.10105 of 2024 S.Jananee ... Petitioner Vs.

T.Suseeth Kumar ... Respondent Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw the H.M.O.P.No.21 of 2024 pending before the Principal Subordinate Judge's Court, Vridhachalam and transfer the same to the Family Court at Namakkal.

For Petitioner :

Mr.S.Sukumar For Respondent :

No appearance

ORDER

Seeking to withdraw H.M.O.P.No.21 of 2024 on the file of the Principal Subordinate Judge's Court, Vridhachalam and transfer the same to the file of the Family Court at Namakkal, the wife had preferred the above Transfer Civil Miscellaneous Petition.

1/4

2. The present transfer petition was preferred on the ground that the petitioner is the native of Namakkal and she is living within the jurisdiction of the Family Court at Namakkal. The respondent has filed the HMOP at Vridhachalam, knowing fully well about the difficulties that the petitionerwife would fact in attending the hearings at Vridhachalam, which is nearly 160 kms. away from Namakkal. The respondent has not taken steps to provide maintenance to the petitioner. In these circumstances, contesting the case at Vridhachalam is extremely difficult for the petitioner. Therefore, she has sought for transfer.

3. Heard the learned counsel for the petitioner. Though the respondent had been served with notice, he has not chosen to enter appearance either in person or through counsel.

4. The reasons given by the petitioner seeking transfer, appears to be reasonable and justified. Further, the petitioner is residing within the jurisdiction of the Family Court at Namakkal, which also has jurisdiction to entertain the HMOP. Therefore, the Transfer CMP is allowed and 2/4

H.M.O.P.No.21/2024 is withdrawn from the file of Principal Subordinate Court, Vridhachalam and transferred to the file of Family Court at Namakkal. No costs. Consequently, connected miscellaneous petition is closed.

03.03.2025 Index : Yes/No Internet : Yes/No ds To:

1.The Principal Sub Judge Vridhachalam 2.The Judge Family Court, Namakkal.

3.The Section Officer VR Section High Court, Madras.

3/4

P.T. ASHA, J, ds 03.03.2025 4/4