M.Visithra v. M.Surender @ Harisurender

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.P.No.14264 of 2024 M.Visithra

...Petitioner

Vs M.Surender (a) Harisurender

...Respondent

PRAYER : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw H.M.O.P.No.241 of 2023 on the file of the Family Court, Krishnagiri and transfer the same to the Sub Court, Palacode and to be tried along with H.M.O.P.No.21 of 2024 on the file of Sub Court, Palacode.

For Petitioner : Mr.J.Prakasam For Respondent : Private Notice served (No appearance)

ORDER

Seeking to transfer H.M.O.P.No.241 of 2023 now pending on the 1/5

file of the Family Court, Krishnagiri, to the file of the Sub Court, Palacode, the petitioner wife has preferred the above Transfer Civil Miscellaneous Petition.

2.The transfer has been sought on the following reasons:- a)The petitioner is residing at Palacode, Dharmapuri District and the respondent has filed the petition for restitution of conjugal rights in H.M.O.P.No.241 of 2023 on the file of the Family Court, Krishnagiri. b)The petitioner has filed petition for divorce in H.M.O.P.No.21 of 2024 on the file of the Sub Court, Palacode, c)The petitioner is taking care of her one year old son and they are being taken care of by her parents. The respondent has not given any maintenance to the petitioner.

d)The travel from Palacode to Krishnagiri along with a one year old child causes significant hardship and inconvenience to the petitioner. 3.Heard the learned counsel for the petitioner and perused the records. The respondent though served through private notice has not entered appearance.

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4.In the light of the aforesaid reasons set out by the petitioner, her request for transfer appears to be reasonable. Therefore, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.241 of 2023 is withdrawn from the file of the Family Court, Krishnagiri and transferred to the file of the Sub Court, Palacode, to be tried along with H.M.O.P.No.21 of 2024. No costs. Consequently, connected miscellaneous petition is closed.

14.03.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The Family Court, Chengalpattu.

2.The VII Additional Family Court, Chennai.

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P.T.ASHA , J, ep C.M.P.No.14264 of 2024 4/5

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