C.Thamilselvi v. M.Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.12542 of 2024 C.Thamilselvi ... Petitioner Vs.

M.Balaji ... Respondent Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw H.M.O.P.No.44/2024 pending on the file of the Sub Court, Ranipet and transfer the same to the Family Court at Vellore. For Petitioner :

Mr.B.Sundarapandiyan For Respondent :

No appearance

ORDER

The petitioner-wife has filed the present transfer petition seeking to withdraw the HMOP.No.44 of 2024 filed by the respondent-husband before the Sub Court, Ranipet and transfer the same to Family Court at Vellore. 1/4

2. The petitioner and the respondent got married on 20.07.2023 and they lead a happy life initially. Few months later, the respondent-husband used to pick up quarrels with the petitioner even for petty things. According to the petitioner, on 07.07.2022, the respondent abused the petitioner physically and threw her out of the matrimonial home. She thereafter resided in her parent's house at Sankaranpalayam, Vellore District, where she delivered a daughter. Now the child is 10 months old, but till date, the respondent and his family members neither visited her nor spent a single rupee for the minor child. She is under the care of her old aged parents. Though the petitioner evinced interest for reunion, but the respondent refused and filed a petition for divorce in H.M.O.P.No.44/2024 on the file of Sub Court, Ranipet.

3. The petitioner would contend that she and her 10 months old child are residing at Sankaranpalayam, Vellore District at the expense of her aged old parents. The respondent-husband has not granted any maintenance to them. The petitioner finds it difficult in travelling from Sankaranpalayam to Vellore along with her 10 months old child, which covers a distance of 100 kms. Hence, she seeks transfer of HMOP.No.44 of 2024. 2/4

4. Taking into consideration the convenience of the petitioner and that the reasons stated by the petitioner for transfer of HMOP are justified and reasonable, and further the petitioner is residing at Sankararanpalayam, Vellore District, which falls within the jurisdiction of Sub Court at Vellore, the transfer petition is allowed and H.M.O.P.No.44 of 2024 pending on the file of the Sub Court at Ranipet is withdrawn from its file and transferred to Family Court at Vellore. No costs. Consequently, connected miscellaneous petition is closed.

21.04.2025 Index : Yes/No Internet : Yes/No ds To:

1.The Sub Judge, Ranipet.

2.The Judge, Family Court, Vellore.

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

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P.T. ASHA, J, ds 21.04.2025 4/4