Madras High CourtTR CMP/1011/2023allowed

K.Thilagavathi v. S.Sivakumar

2023-12-18Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.1011 of 2023 and C.M.P.No.24385 of 2023 K.Thilagavathi ....

Petitioner -VsS.Sivakumar ....

Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.280 of 2023 on the file of Additional Sub Court, at Kumbakkonam and transfer the same to Family Court, at Chennai. For Petitioner : M/s.M.Jayashree For Respondent : Mr.Swamisubramanian

O R D E R

This petition has been filed by the petitioner seeking to withdraw the HMOP.No.280 of 2023 pending on the file of the Additional Sub Court, 1/4

Kumbakonam and to transfer the same to the Family Court, Chennai.

2. The learned counsel for the petitioner submitted that the marriage was solemnized between the petitioner and the respondent on 19.01.2022. She further submitted that the petitioner has been tortured and harassed by the respondent and his family members and demanded additional dowry from her. Thereafter, the respondent filed a petition for divorce in HMOP.No.280 of 2023 on the file of the Additional Sub Court , Kumbakonam. She further submitted that the petitioner is living with her aged parents and she unable to attend the Court hearing at Kumbakonam. Hence, he prays to allow this petition. 3.The learned counsel for the respondent has raised formal objections in allowing the petition.

4. Considering the facts and circumstances of the case and the reason stated by the petitioner and the same is justifiable. Accordingly, the present Tr.C.M.P. is allowed and the HMOP.NO.280 of 2023 pending on the file of the Additional Sub Court, Kumbakonam, is withdrawn and transferred to the file of 2/4

the Family Court, Chennai. Consequently, connected miscellaneous petition is closed. No costs.

18.12.2023 Speaking / Non Speaking order Index :Yes/No msrm To 1.The Additional Sub Court, Kumbakonam.

2.The Family Court, Chennai.

3/4

T.V.THAMILSELVI, J.

msrm TR.CMP No.1011 of 2023 and C.M.P.No.24385 of 2023 18.12.2023 4/4