Karishma v. Syed Hyder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.P.No.13002 of 2023 Karishma

...Petitioner

Vs Syed Hyder

...Respondent

PRAYER : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw the suit in O.S.No.28 of 2022 pending on the file of the Family Court, Salem and transfer the same to the Family Court, Dharmapuri.

For Petitioner : Mr.R.Prabakar For Respondent : Not ready in notice

ORDER

The respondent wife has filed the above Transfer Civil Miscellaneous Petition seeking to transfer of O.S.No.28 of 2022 pending on the file of the Family Court, Salem, to the file of the Family Court, Dharmapuri.

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2.Heard the learned counsel for the petitioner and perused the records. The respondent though served has not entered appearance either in person or through counsel.

3.The petitioner seeks the transfer on the ground that she and her daughter who is now four years old are residing in the care and maintenance of her aged parents. The respondent husband has not taken steps to provide her with any maintenance. The petitioner would submit that she is residing now at Dharmapuri along with her minor child and if she is made to travel all the way to Salem for every hearing she is put to irreparable loss as she has to travel taking her child along with her for every hearings. The travel time is more than three hours. 4.Therefore, considering the above factors the Transfer Civil Miscellaneous Petition is ordered as prayed for and O.S.No.28 of 2022 pending on the file of the Family Court, Salem, is withdrawn and transferred to the file of the Family Court, Dharmapuri. 5.Accordingly, this Transfer Civil Miscellaneous Petition is 2/4

allowed with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

27.02.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The Family Court, Salem 2.The Family Court, Dharmapuri.

P.T.ASHA , J, ep 3/4

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