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Madras High CourtTR CMP/553/2023allowed

Backialakshmi v. R.Karthik

2025-04-04Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA and C.M.P.No. 13007 of 2023 Backialakshmi ... Petitioner vs.

R.Karthik ... Respondent Prayer:

Transfer Petition is filed under Section 24 of CPC, to withdraw HMOP.No.1052 of 2022 on the file of the Family Court, Coimbatore and transfer the same to the file of the Sub Court, Denkanikottai to try along with HMOP.No.23 of 2023. For Petitioner :

Mr. S.Ramesh For Respondent :

Mr. C.Munusamy 1/5

ORDER

The Transfer Petition is filed to withdraw HMOP.No.1052 of 2022 on the file of the Family Court, Coimbatore and transfer the same to the file of the Sub Court, Denkanikottai to be tried along with HMOP.No.23 of 2023.

2. The petitioner married the respondent on 14.02.2022. Thereafter due to difference of opinion the parties separated and the respondent herein had filed HMOP.No.1052 of 2022 on the file of the Family Court, Coimbatore, seeking dissolution of the marriage between them. The petitioner thereafter filed HMOP.No.23 of 2023 on the file of the Sub Court, Denkanikottai.

3. The petitioner would submit that presently she is living at Denkanikottai. The petitioner would submit that it is very difficult for her both physically and financially to travel from Denkanikottai to 2/5

Coimbatore to attend the hearing. The petitioner would further submit that the HMOP filed by the respondent is pending before the Family Court, where presence of both the parties is mandatory. Therefore, the petitioner seeks transfer of HMOP.NO.1052 of 2022 to the file of the Sub Court, Denkanikottai to be tried along with HMOP.No.23 of 2023.

4. Heard the learned counsels and perused the records.

5. Considering the fact that the petitioner is seeking transfer to the Sub Court, where the presence of both the parties is not necessary and as the proceedings filed by the petitioner in HMOP.No.23 of 2023 is already pending on the file of the Sub Court, Denkanikottai, the transfer petition is allowed as prayed for. Consequently, the connected miscellaneous petition is closed. No costs.

04.04.2025 Index: Yes/No Internet: yes/No kan 3/5

To 1.The Family Court, Coimbatore.

2.The Sub Court, Denkanikottai.

4/5

P.T. ASHA.J kan 04.04.2025 5/5