P. Divya Bharathi v. T.Vetriselvan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI & CMP.No.24811 of 2024 P.Divya Bharathi ... Petitioner vs.

T.Vetriselvan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw H.M.O.P.No.262 of 2024 from the file of the Family Court, Dharmapuri and to transfer the same to the file of the Sub Court, Mettur.

For Petitioner : Mr.T.Rajarathinam For Respondent : No appearance

ORDER

The petitioner is the wife in a matrimonial proceeding. The petitioner seeks transfer of HMOP.No.262 of 2024 pending on the file of the Family Court, Dharmapuri, to be transferred to the file of the Sub Court, Mettur.

2. Despite service of notice on the respondent, the respondent has not 1/4

chosen to enter appearance either in person or through counsel. The name of the respondent is also printed in the today's cause list. Hence, the respondent is called absent and set exparte.

3. I proceeded to hear the learned counsel for the petitioner. I have also gone through the affidavit filed in support of the transfer petition.

4. The petitioner has expressed inconvenience and difficulties in attending the hearings at Family Court, Dharmapuri and seeks transfer of HMOP No.262 of 2024 initiated by the respondent. In fact, the petitioner has also filed HMOP No.22 of 2024 seeking Restitution of conjugal rights and the same is pending before the Sub Court, Mettur.

5. I find prima facie case made out by the petitioner/wife for transfer of HMOP No.262 of 2024 from the file of the Family Court, Dharmapuri to the Sub Court, Mettur.

6. In the light of the above, this Transfer Civil Miscellaneous Petition 2/4

is allowed. The case in HMOP.No.262 of 2024 is hereby withdrawn from the file of the Family Court, Dharmapuri and transferred to the file of the Sub Court, Mettur to be tried along with HMOP No.22 of 2024. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 11.06.2025 vum Index : Yes/No Speaking Order : Yes / No To

1. The Family Court, Dharmapuri.

2. The Sub Court, Mettur.

P.B. BALAJI,J.

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