M. Saraswathi v. N. Seenu @ Chandramouli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.15430 of 2023 M.Saraswathi ... Petitioner Vs.

N.Seenu @ Chandramouli ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908, praying to withdraw H.M.O.P.No.197 of 2022 on the file of the Family Court at Villupuram and transfer the same to the file of the Sub Court at Tambaram.

For Petitioner : Mr.K.Thenrajan For Respondent : Mr.G.Balamanikandan

ORDER

The petitioner and the respondent got married on 05.02.2018 at Villupuram. The respondent and his family members have committed Page No 1 of 4

domestic violence against the petitioner. Subsequently, the parties had fallen apart and they are before the Family Court, Villupuram in H.M.O.P.No.197 of 2022. There were no children from the marriage.

2. The respondent/husband, who is a resident of Villupuram has initiated the divorce proceeding in H.M.O.P.No.197 of 2022 before the Family Court, Villupuram.

3. The petitioner/wife pleads that she is unable to travel from Chennai to Villupuram, which are about 160 Kms apart, and hence, seeks transfer of proceedings in H.M.O.P.No.197 of 2022 on the file of the Family Court, Villupuram to the file of the Sub-Court, Tambaram.

4. The respondent/husband was served with notice on 21.07.2023, but he has not chosen to oppose this petition.

5. Taking into consideration the difficulty expressed by the petitioner/wife, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No.197 of 2022 which is now pending on the file Page No 2 of 4

of the Family Court, Villupuram is withdrawn and it shall stand transferred to the file of the Sub-Court, Tambaram.

6. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Connected Civil Miscellaneous Petition is closed. 16.04.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb To 1.The Family Court, Villupuram.

2.The Sub Court, Tambaram.

Page No 3 of 4

V. LAKSHMINARAYANAN, J.

arb and C.M.P.No.15430 of 2023 16.04.2024 Page No 4 of 4