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Madras High CourtTR CMP/665/2024allowed

V.Saraswathy v. R.Surendar

2025-07-29Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-07-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI AND CMP NO. 14462 OF 2024

1. V.Saraswathy W/o. Surendar, D/o. Venugopal, Varavasi Perumal Koil Street Walajabad Taluk, kancheepuram District Petitioner(s) Vs

1. R.Surendar S/o. Rajendran, No.36/93, Semanthamman Koil Street, Thellimedu Village, Singaperumal Koil Chengalpattu Taluk and District Respondent(s) PRAYER The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking to withdraw the FCOP.No.483/2023 pending on the file of Family Court of Chengalpattu and transfer the same to Sub Court Kancheepuram.

For Petitioner(s):

Mr.M.P.Yuvaraj For Respondent(s):

No appearance

ORDER

The petitioner, who is the wife, seeks transfer of the matrimonial proceedings in F.C.O.P. No.483 of 2023 from the file of the Family Court, Chengalpattu, to the file of the Sub Court, Kancheepuram.

2. Despite service of notice and the name of the respondent being printed in the cause list, there is no appearance on his behalf, either in person or through counsel. Hence, the respondent is called 'ex parte'.

3. Proceeded to hear from the learned counsel for the petitioner. The learned counsel for the petitioner would take me through the affidavit filed in support of the petition request for transfer. He states that the petitioner has set out genuine inconvenience to attend the proceedings before the Family Court of Chenlgapattu. He would further state that the petitioner is residing in the

residence of her parents at Kancheepuram and the respondent is very influential, and there is also a life threat for the petitioner if she attends the proceedings before the Family Court, Chengalpattu.

4. Upon consideration, this Court is satisfied that the petitioner has made out sufficient cause for transfer. Accordingly, this transfer CMP is allowed, F.C.O.P. No.483 of 2023 is withdrawn from the file of the Family Court, Chengalpattu and transferred to the file of the Sub Court, Kancheepuram, as prayed for. No costs. Consequently, the connected miscellaneous petition is closed.

29-07-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes

P.B.BALAJI J.

jrs To 1.The Family Court, Chengalpattu.

2.The Judge, Sub Court, Kancheepuram, AND CMP NO. 14462 OF 2024 29-07-2025