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Madras High CourtTR CMP/911/2023allowed

M.Jeevitha Janisha @ Pavithra v. T.Muthu Maharajan

2025-03-04Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.No.21801 of 2023 M.Jeevitha Janisha @ Pavithra ... Petitioner Vs.

T.Muthu Maharajan ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw the case in OP.No.22/2023 on the file of the Learned Family Court, Tirunelveli and transfer the same to the learned District Court, Chengalpattu.

[Prayer is amended vide Court order dated 04.06.2024 made in CMP.No.4375 of 2024 in Tr.CMP.No.911 of 2023 by VLNJ] For Petitioner : Sathiyaraj E.

For Respondent : Served - No appearance

O R D E R

The above Petition is filed to withdraw and transfer O.P.No.22 of 2023 pending on the file of Family Court at Tirunelveli to the District Court, Chengalpattu.

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2. Reasons for seeking the transfer are as follows:- (i) The petitioner/wife is deserted by the respondent/husband and is now fully dependent on her parents.

(ii) The petitioner/wife is not being maintained by the respondent/husband.

(iii) The distance between the petitioner's present address and the District Court Tirunelveli is almost 600 kilometres.

3. Respondent though served has not entered appearance either in person or through counsel. Heard the learned counsel for the petitioner.

4. In the above circumstances, the request for transfer appears reasonable. Therefore, the Transfer Civil Miscellaneous Petition is allowed and O.P.No.22 of 2023 pending on the file of the Family Court at Tirunelveli is withdrawn and transferred to the file of the District Court, Chengalpattu. No costs. Consequently, the connected Miscellaneous Petition is closed.

04.03.2025 (shr) Index : Yes/No Speaking Order: Yes/No 2/4

To 1.The Family Court, Tirunelveli.

2.The District Court, Chengalpattu.

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P.T. ASHA . J., (shr) and C.M.P.No.21801 of 2023 04.03.2025 4/4