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Madras High CourtTR CMP/516/2023allowed

K.Yazhini Priyadharshini v. S. Ravikumar

2024-04-23Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.Nos.516, 518 and 521 of 2023 and C.M.P.Nos.12252,12270 and 12294 of 2023 Tr.C.M.P.No.516 of 2023:

K.Yazhini Priyadharshini ... Petitioner Vs S.Ravikumar ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the F.C.O.P.No.430 of 2022 pending before the file of the Hon'ble Family Court, Erode and to transfer the same to the file of the Hon'ble Family Court, Karur.

Tr.C.M.P.No.518 of 2023:

1.Minor.Adharva 2.Minor.Ashvika 3.K.Yazhini Priyadharshini ... Petitioners (Minor petitioners 1 and 2 represented through their mother and guardian the 3rd petitioner) Vs S.Ravikumar ... Respondent 1/4

Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the M.C.No.3 of 2023 pending before the file of the Hon'ble Family Court, Erode and to transfer the same to the file of the Hon'ble Family Court, Karur.

Tr.C.M.P.No.521 of 2023:

K.Yazhini Priyadharshini ... Petitioner Vs S.Ravikumar ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the F.C.O.P.No.7 of 2023 pending before the file of the Hon'ble Family Court, Erode and to transfer the same to the file of the Hon'ble Family Court, Karur.

In all petitions For Petitioners : Mr.V.Sithannan For Respondent : Served - No appearance COMMON ORDER These transfer petitions have been filed by the wife seeking transfer of F.C.O.P.No.430 of 2022, M.C.No.3 of 2023, and F.C.O.P.No.7 of 2023 from the file of the Family Court at Erode to the file of the Family Court at Karur. F.C.O.P.No.430 of 2022 has been filed by the respondent/husband for divorce. The petitioner/wife has filed F.C.O.P.No.7 of 2023 and M.C.No.3 of 2023 for restitution of conjugal rights and for maintenance respectively.

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2. The petitioner/wife pleads that she is residing with her parents and has no independent source of income. She states that mandating her to attend the Court at Erode would cause her lot of physical and financial difficulties.

3. Notice was ordered in this application on 19.06.2023. The respondent was served on 22.07.2023 and he has not chosen to enter appearance or oppose the application in person.

4. Taking into consideration the difficulties expressed by the wife, I am inclined to transfer the proceedings in F.C.O.P.No.430 of 2022, M.C.No.3 of 2023 and F.C.O.P.No.7 of 2023 from the file of the Family Court at Erode to the file of the Family Court at Karur.

5. Accordingly, all the Tr.C.M.Ps. are allowed. No costs. Consequently, connected miscellaneous petitions are closed. 23.04.2024 Index : Yes/No Sgl 3/4

V. LAKSHMINARAYANAN, J.

Sgl To 1.The Family Court, Erode.

2.The Family Court, Karur.

Tr.C.M.P.Nos.516, 518 and 521 of 2023 4/4