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Madras High CourtTR CMP/467/2023allowed

Suseela v. S.Sivakumar

2025-02-13Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & C.M.P. No. 10724 of 2023 Suseela

...Petitioner

Vs.

S.Sivakumar

...Respondent

Prayer: Transfer Petition is filed under Section 151 of the CPC, to withdraw HMOP.No.1314 of 2021 on the file of the Additional Family Court, Coimbatore and to transfer the same to the Sub Court, Omalur to be tried along with HMOP.No.6 of 2022.

For Petitioner :

Mr. R.Ezhilarasan For Respondent :

No Appearance.

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O R D E R

The transfer petition is filed to withdraw HMOP.No.1314 of 2021 on the file of the Additional Family Court, Coimbatore and to transfer the same to the Sub Court, Omalur to be tried along with HMOP.No.6 of 2022.

2. The respondent though served has not entered appearance.

3. It is seen that the respondent has filed a petition before the Family Court where the presence of the parties for every hearing is required. Further, the respondent has not been giving any maintenance to the wife, who is totally dependent on her parents. That apart, the wife filed a maintenance petition which is pending on the file of the Sub Court, Omalur, where the presence of the respondent for every hearing is not mandatory.

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4. Therefore, in the interest of both the parties, the transfer petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

13.02.2025 Index : Yes/No Internet : Yes/No kan 3/5

To 1.The Additional Family Court, Coimbatore.

2.The Sub Court, Omalur.

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P.T. ASHA, J, kan 13.02.2025 5/5