S. Aswini v. R. Karthik

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :27.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA TR C.M.P.No.994 of 2024 and C.M.P.No.21734 of 2024 S.Aswini ... Petitioner Vs R.Karthik ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the C.P.C praying to withdraw the case in H.M.O.P.No.481 of 2024 pending on the file of The Family Court, Salem and transfer the same to the file of the Family Court, Chennai.

For Petitioner : M/s.M.Abdul Wafia for M/s..Pass Associates For Respondent : Private notice Served - No appearance

O R D E R

The Petitioner/wife has filed this Transfer Civil Miscellaneous Petition seeking to withdraw the H.M.O.P.No.481 of 2024 pending on 1/4

the file of the Family Court, Salem and transfer the same to the file of the Family Court, Chennai.

2. The respondent-husband had filed H.M.O.P.No.481 of 2024 on the file of the Family Court,Salem for divorce.

3. The petitioner-wife seeks transfer on the following grounds: (i) She is residing at her parental home in Madipakkam, Chennai along with her 2 year old child.

(ii) As a single parent, it is extremely difficult for her to travel frequently from Chennai to Salem along with her child which is over 345 kilometers to attend the hearings.

(iii) She is not working and has no source of income to meet the travel and other expenses.

(iv) The respondent-husband has not been giving any maintenance to her.

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4. Heard the learned counsel for the petitioner and perused the materials available on record. The respondent, though served through private notice, has not entered appearance before this Court.

5. Taking into consideration the facts and circumstances of the case and looking into the grievances expressed by the petitioner, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.481 of 2024 pending on the file of the Family Court, Salem shall stand withdrawn and transferred to the file of the Family Court, Chennai. No costs. Consequently, connected civil miscellaneous petition is closed. 27.03.2025 Index: Yes/No Speaking order/non-speaking order srn To,

1. The Family Court, Salem

2. The Family Court, Chennai.

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P.T.ASHA, J., srn TR C.M.P.No.994 of 2024 and C.M.P.No.21734 of 2024 27.03.2025 4/4