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Madras High CourtTR CMP/775/2022ordered

G.Nirosha v. R.Prabhu

2023-12-21Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.775 of 2022 Tmt.G.Nrosha ....

Petitioner -VsR.Prabhu ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw the F.C.O.P. No.178 of 2022 from the file of the Hon'ble Family Court, Chengalpattu and to transfer the same to the Hon'ble Subordinate Judge's Court at Katpadi, Vellore District.

For Petitioner : Mr.S.Ravichandran For Respondent : Mr.Thangavadhana Balakrishnan

O R D E R

This petition has been filed by the petitioner seeking to withdraw the F.C.O.P. No.178 of 2022 from the file of the Hon'ble Family Court, Chengalpattu and to transfer the same to the Hon'ble Subordinate Judge's Court at Katpadi, 1/4

Vellore District.

2. The learned counsel for the petitioner submitted that the marriage between the petitioner and the respondent was solemnized on 22.02.2019. He further submitted that the petitioner has been tortured at the hands of the respondent and his family members. Thereafter, the respondent filed F.C.O.P. No.178 of 2022 on the file of the Family Court, Chengalpattu making false allegations against this petitioner. He further submitted that the petitioner is residing at Katpadi, Vellore with her aged parents and it is very difficult for the petitioner to attend the court hearings at Chengalpattu. Hence, he prays to transfer the F.C.O.P. 178 of 2022to the Hon'ble Subordinate Judge's Court at Katpadi, Vellore District.

3. The learned counsel for the respondent has raised formal objections in allowing the petition.

4. Considering the facts and circumstances of the case and also the fact that the petitioner is residing at Katpadi, Vellore along with her aged parents without any source of income. Therefore, the reasons stated by the petitioner and 2/4

the same is justifiable. Accordingly, the present Tr.C.M.P. is allowed and the F.C.O.P.No.178 of 2022, pending on the file of the Family Court, Chengalpattu, is withdrawn and transferred to the file of the Hon'ble Subordinate Judge's Court at Katpadi, Vellore District. No costs.

21.12.2023 Index : Yes/No Internet : Yes/No sha To

1. The Family Court, Chengalpattu,

2. Hon'ble Subordinate Judge's Court, Katpadi, Vellore District.

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T.V.THAMILSELVI, J.

sha TR.CMP No.775 of 2022 21.12.2023 4/4