Madras High CourtTR CMP/598/2023disposed of

P.Jenny Beulah v. Ebin Linson

2023-10-18Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.598 of 2023 and C.M.P.No.14880 of 2023 Mrs.P.Jenny Beulah ... Petitioner Vs 1.Mr.Ebin Linson 2.Shameed Ahmad ... Respondents Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the Petition in I.D.O.P.No.115 of 2022 from the file of the Family Court at Chengalpet and transfer the same to the Family Court at Thiruvallur. For Petitioner :

Mr.K.Balaji For Respondents :

Mr.P.Thirupathi Raji for R1 R2 - No such person

O R D E R

This petition has been filed by the petitioner seeking to withdraw I.D.O.P.No.115 of 2022 pending on the file of the Family Court at Chengalpet, and transfer the same to the file of the Family Court at Thiruvallur. 1/4

2.The learned counsel for the petitioner submitted that the marriage between the petitioner and the first respondent on 03.05.2013. He further submitted that the petitioner has been tortured at the hands of the first respondent and harassed her. Thereafter, the first respondent has filed a Divorce Petition in I.D.O.P.No.115 of 2022 before the Family Court at Chengalpet. He further submitted that the petitioner is residing in parents home and it is very difficult for the petitioner to attend the Court hearings at Chengalpet and she was unable to travel for two ways 130 kilometers. Hence, he prays to allow this petition. 3.Considering the facts and circumstances of the case and also the fact that the petitioner is residing at parents home and she is unable to travel for two ways 130 kilometers. Therefore, the reasons stated by the petitioner and the same are justifiable.

4.Accordingly, the present Tr.C.M.P. is allowed and the I.D.O.P.No.115 of 2022 pending on the file of the Family Court, Chengalpet, is withdrawn and transferred to the file of the Family Court, Thiruvallur. No costs. Consequently, the connected miscellaneous petition is closed. 2/4

5.The Family Court, Thiruvallur is directed to issue notice to the first respondent/husband and dispose the case in I.D.O.P.No.115 of 2022 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order.

18.10.2023 Speaking / Non Speaking order Index :Yes/No pam To 1.The Family Court, Chengalpet 2.The Family Court, Thiruvallur.

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T.V.THAMILSELVI, J.

pam TR.CMP No.598 of 2023 18.10.2023 4/4