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Madras High CourtTR CMP/956/2021allowed

N.Suguna v. B.Raghuvaran

2022-02-10Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2022

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA TR.CMP. NO.956 OF 2021 IN CMP NO.21375 OF 2021 N.Suguna ... Petitioner/Respondent.

Vs B.Raghuvaran ... Respondent/Petitioner.

PRAYER:

Petition filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the Matrimonial H.M.O.P.No.243 of 2021 on the file of Family Court, Mannarkudi to the Family Court, Trichy.

For Petitioner : Mr.S.P.Yuaraj For Respondent : No Apperance

ORDER

The wife seeks for a transfer of the matrimonial proceedings filed by her husband before the Family Court at Mannarkudi in H.M.O.P.No.243 of 2021, to the file of the Family Court at Trichy. The proceedings initiated by the husband is for divorce.

2. The petitioner would seek a transfer on the ground that she is unemployed and dependent on her aged parents for her wherewithal. It was only with the income of her father that the family had to run. Therefore, if she is made to travel for every hearing to Mannarkudi, she would suffer immense financial strain as she will not be able to travel alone and she would have to take another person along with her. She would also submit that her mother is unwell and therefore, requires her attention.

3. The respondent who has been served did not appear before the Court either in person or through pleader. https://hcservices.ecourts.gov.in/hcservices/

4. Heard the learned counsel for the petitioner.

5. Considering the fact that the petitioner has been deserted by her husband and is now entirely dependent on her parents, since the respondent has not been maintaining her, her request for a transfer appears reasonable and therefore, the Transfer Civil Miscellaneous Petition is allowed, H.M.O.P.No.243 of 2021 pending on the file of the Family Court, Mannarkudi is withdrawn and transferred to the file of the Family Court, Trichy. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar shr To 1.The Family Court, Mannarkudi.

2.The Family Court, Trichy.

+1cc to Mr.S.P.Yuaraj, Advocate, S.R.No.8630 Tr.CMP. No.956 of 2021 in CMP No.21375 of 2021 MT(CO) PM/15/03/2022 https://hcservices.ecourts.gov.in/hcservices/