Thaileshwari @ Sugasini v. Vidhya Theerthan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP.No.642 of 2023 and C.M.P.No.15975 of 2023 Thaileshwari @ Sugasini ....

Petitioner -VsVidhya Theerthan ....

Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., to withdraw the HMOP.No.1398 of 2021 on the file of the Family Court, Coimbatore and to transfer the same to the file of Subordinate Court, Sirkazhi. For Petitioner : Mr.M.Vinoth For Respondent : Mr.R.Bharath kumar

O R D E R

This petition has been filed by the petitioner seeking to withdraw the HMOP.No.1398 of 2021 on the file of the Family Court, Coimbatore and to transfer the same to the file of Subordinate Court, Sirkazhi. 1/4

2. The learned counsel for the petitioner submitted that the marriage was solemnized between the petitioner and the respondent on 25.02.2018. Further, he submitted that the respondent and his family members have demanded additional dowry and harassed the petitioner. Thereafter, the respondent filed the petition for restitution of conjugal rights in HMOP.No.1398 of 2021 on the file of the Family Court, Coimbatore, against this petitioner. Further, the respondent is a influenced person and he threatened the petitioner. He further submitted that the petitioner is living with her child and it is very difficult for the petitioner to attend the court hearings at Coimbatore and she was unable to travel 370 kilometers along with her child. Hence, he prays to allow this petition. 3.The learned counsel for the respondent submitted that the respondent has raised formal objection to allow this petition.

4. Considering the facts and circumstances of the case and also the fact that the petitioner is living with her child and she unable to attend the Court hearings. Therefore, the reasons stated by the petitioner and the same is justifiable. Accordingly, the present Tr.C.M.P. is allowed and the HMOP.No,1398 of 2021 pending on the file of the Family Court, Coimbatore, is withdrawn and 2/4

transferred to the file of the Subordinate Court, Sirkazhi. Consequently, connected miscellaneous petition is closed. No costs.

5. The trial Judge, Subordinate Court, Sirkazhi, is directed to issue notice to the respondent/husband, within a period of two weeks from the date of receipt of a copy of this order and proceed with the case as per manner known to law. 05.10.2023 Speaking / Non Speaking order Index :Yes/No msrm To 1.The Family Court, Coimbatore.

2.The Subordinate Court, Sirkazhi.

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T.V.THAMILSELVI, J.

msrm TR.CMP No.642 of 2023 and C.M.P.No.15975 of 2023 05.10.2023 4/4