Chrishantha Joybell v. Kawin Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.No.14102 of 2024 Chrishantha Joybell ... Petitioner Vs.

Kawin Kumar. M.D ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw the IDOP.No.290 of 2023 pending on the file of the Hon'ble Principal and Sessions Court, Tiruvallur and transfer the same to the file of the Hon'ble Family Court, Tirunelveli.

For Petitioner : M/s.Arfat Mohammed For Respondent : No appearance - served

O R D E R

This petition has been filed to withdraw the IDOP No.290 of 2023 which is pending on the file of the Principal and Sessions Court, Tiruvallur and transfer the same to the Family Court, Tirunelveli. 1/4

2. The respondent though served has not entered appearance either in person or through counsel. Heard the learned counsel for the petitioner.

3. Reasons for seeking transfer :- (i) The respondent/husband is not maintaining the petitioner/wife and his daughter.

(ii) The petitioner and her daughter is totally dependent on her parents.

(iii) The petitioner finds it very difficult to travel the distance of more than 677 kms every time to attend the hearing on account of the fact that she has a school-going daughter.

4. In the given circumstances it would be prejudicial to make the petitioner travel all the way from Kavalkinaru, Tirunelveli to Tiruvallur to attend the proceedings in IDOP.No.290 of 2023 more particularly when the respondent/husband has not deemed it fit to maintain the petitioner and her child. Therefore, the Transfer Civil Miscellaneous Petition is allowed and IDOP.No.290 of 2023 pending 2/4

on the file of the Principal and Sessions Court, Tiruvallur is withdrawn and transferred to the file of the Family Court, Tirunelveli. The presence of the respondent/husband before the Family Court, Tirunelveli is dispensed with on all hearings except for adducing evidence and for counseling. No costs. Consequently, the connected Miscellaneous Petition is closed.

06.03.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Principal and Sessions Court, Tiruvallur. 2.The Family Court, Tirunelveli.

3/4

P.T. ASHA . J., (shr) and C.M.P.No.14102 of 2024 06.03.2025 4/4