S.Maheswari v. L.Kannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.13985 of 2024 S.Maheshwari ... Petitioner versus L.Kannan ... Respondent Prayer:

Petition filed under Section 24 of the Code of Civil Procedure to withdraw the H.M.O.P.No.203 of 2024 pending on the file of the Family Court, Tiruppur and to transfer the same to the Family Court, Dharmapuri to be tried along with M.C.O.P.No.12 of 2024, on the file of the Family Court, Dharmapuri.

For Petitioner : Mr.J.Prakasam For Respondent : No appearance 1/4

ORDER

The petitioner is the wife. She married the respondent on 03.03.2021 at Mathur in Krishnagiri District.

2. Due to disputes and differences the parties have separated. The wife has initiated M.C.No.12 of 2024 on the file of the Family Court, Dharmapuri, seeking for maintenance. The husband had also initiated the proceedings in H.M.O.P.No.203 of 2024 on the file of the Family Court at Tiruppur, seeking for restitution of conjugal rights. The wife pleads that she is not able to travel the distance, hence the transfer application.

3. Notice was ordered to the respondent on 18.07.2024. Notice has been served on the respondent 01.08.2024. Yet, He has not entered appearance through a counsel nor is he present in Court to oppose this petition.

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4. Taking into consideration, the distance between Tiruppur and Dharmapuri and also the fact that the petitioner is taking care of an infant, the proceedings in H.M.O.P.No.203 of 2024 is withdrawn from the file of the Family Court, Tiruppur and is transferred to the file of the Family Court, Dharmapuri.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 06.11.2024 ssi Index : Yes/No Speaking Order/Non speaking order : Yes/No To 1.The Family Court, Tiruppur.

2.The Family Court, Dharmapuri.

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V.LAKSHMINARAYANAN, J.

ssi Tr.C.M.P.No.650 of 2024 06.11.2024 4/4