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Madras High CourtTR CMP/850/2023allowed

R.Kamala v. S.Palani Murugan

2025-02-17Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & C.M.P. No. 20345 of 2023 Kamala

...Petitioner

Vs.

S.Palani Murugan

...Respondent

Prayer: Transfer Petition is filed under Section 24 of the Code of Civil Procedure to withdraw HMOP.No.656 of 2023, on the file of the Family Court, Madurai, and transfer the same to the file of the Sub Court, Tambaram.

For Petitioner :

Mr. R.Subburaj For Respondent :

No Appearance.

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O R D E R

The Transfer Petition is filed to withdraw HMOP.No.656 of 2023, on the file of the Family Court, Madurai, and transfer the same to the file of the Sub Court, Tambaram.

2. Though this Court has not permitted the petitioner to serve the respondent at his place of employment it appears that the petitioner has taken notice to the respondent on his place of employment. That the respondent is employed on the said address has been stated in the affidavit filed in support of the transfer petition. The tracking consignment note says that the addressee, namely, the respondent has been served on 05.06.2024. However, to date he has not entered appearance either in person or through counsel.

3. Heard the learned counsel for the petitioner and perused the records.

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4. The petitioner / wife with her two school going children is residing at Perungulathur and she is not being supported by the husband. Since the matter is now pending before a Family Court she has to be present for every hearing. Further, the distance from Tambaram to Madurai requires that the petitioner should stay over at Madurai for a day which in her given financial circumstances is a strain on her.

5. Taking note of the above, the Transfer Petition is allowed as prayed for. Consequently, the connected miscellaneous petition is closed. No costs.

17.02.2025 Index : Yes/No Internet : Yes/No kan 3/5

To 1.The Family Court, Madurai 2.The Sub Court, Tambaram.

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P.T. ASHA, J, kan 17.02.2025 5/5