R.Sowmiya v. Prabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA and CMP No.16426 of 2024 R.Sowmiya D/o.Rajkumar, W/o. Prabhu, No.77, Shanmugarajapura, Selvapuram, Kumarapalayam, Coimbatore North, Coimbatore District Petitioner(s) Vs PRABU S/o. Sivasamy, Door No.4/62a, Bodipatti Village, Udumalpet Taluk, Tiruppur District Respondent(s) Transfer Civil Miscellaneous Petition filed under Section 24 CPC to withdraw H.M.O.P.No.53 of 2023 pending before the Subordinate Court, Udumalpet, Tiruppur District and to transfer the same to the file of the Additional Family Court, Coimbatore, to be tried along with H.M.O.P.No.214 of 2024.

For Petitioner(s):

Mr.N.Arun Kumar For Respondent(s):

Mr.R.Narayanan

ORDER

The wife is the petitioner before this court seeking a transfer of H.M.O.P.No.53 of 2023 filed by her husband, respondent herein, on the file of the Subordinate Court, Udumalpet, Tiruppur District, seeking divorce, to the file of the Additional Family Court, Coimbatore.

2.

The reasons for the transfer are as follows:

(a) The petitioner is living at Coimbatore with her parents and is totally depending upon them for her livelihood, as her husband/respondent is not given any maintenance.

(b) Travelling from Tiruppur to Coimbatore would cause an additional financial burden on the petitioner.

(c) The petitioner has filed H.M.O.P.No.214 of 2024 before the Additional Family Court, Coimbatore, seeking restitution of conjugal rights. Considering the above facts, the request for transfer appears justified and accordingly, this transfer civil miscellaneous petition is allowed as prayed for. No costs. Connected C.M.P. is closed.

29-04-2025 nsd Index:Yes/No Speaking/Non-speaking order

To 1.PRABU S/o. Sivasamy, Door No.4/62a, Bodipatti Village, Udumalpet Taluk, Tiruppur District 2.The Additional Family Judge, Coimbatore.

3.The Subordinate Judge, Udumalpet, Tiruppur District.

P.T.ASHA J.

nsd 29-04-2025