Rajesh Kanna v. Murugeshwari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.19853 of 2024 Rajesh Kanna ... Petitioner Vs.

Murugeshwari ... Respondent Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw O.P.No.70 of 2023 pending on the file of the Family Court, Udhagamandalam and transfer the same to the Family Court at Theni. For Petitioner :

Mr.K.Balasubramaniam For Respondent :

No appearance [Not ready in notice]

ORDER

The petitioner-husband had made a request in this Transfer CMP to transfer O.P.No.70 of 2023 pending on the file of the Family Court, 1/4

Udhagamandalam to the Family Court at Theni.

2. According to the petitioner-husband, the respondent-wife had filed O.P.No.236/2023 before the Sub-Court, Uthamapalayam, for restitution of conjugal rights and also a maintenance petition in M.C.No.50 of 2024 before the Family Court, Theni. The petitioner-husband is willing to conduct the maintenance case filed by the wife in M.C.No.50 of 2024, and hence, he seeks transfer of O.P.No.70 of 2023 filed by him to the Family Court at Theni, to be tried along with M.C.No.50 of 2024 pending on its file.

3. Though the respondent has not been served, however considering the fact that the transfer is only for the convenience of wife, and that the wife had also preferred a maintenance petition before Family Court, this order is passed without notice being served on the respondent-wife.

4. Considering the facts and circumstances of the case, this Court is of the opinion that no hardship would be caused to any of the parties, if this petition is allowed. Accordingly, this transfer petition is allowed and 2/4

O.P.No.70 of 2023 pending on the file of the Family Court, Udhagamandalam is withdrawn from its file and transferred to Family Court, Theni. No costs. Consequently, connected miscellaneous petition is closed.

03.03.2025 Index : Yes/No Internet : Yes/No ds To:

1.The Judge Family Court, Uthagamandalam.

2.The Judge Family Court, Theni.

3.The Section Officer VR Section High Court, Madras.

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P.T. ASHA, J, ds 03.03.2025 4/4