Vasuki Devi v. Manikanda Prabhu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & C.M.P. No. 26274 of 2023 Vasuki Devi

...Petitioner

Vs.

Manikanda Prabhu

...Respondent

Prayer: Transfer Petition is filed under Section 24 of the CPC, to withdraw and transfer HMOP.No.25 of 2023 filed by the respondent herein on the file of the Sub Court, Valliyur, Thirunelveli District to Principal Family Court, Coimbatore to try with DVA.No.201 of 2022 on the file of the Special Court for Domestic Violence Cases, 1/6

For Petitioner :

Mr. A.N.Rajan For Respondent :

No Appearance.

O R D E R

The respondent / wife has filed the above petition seeking to transfer HMOP.No.25 of 2023 pending on the file of the Sub Court, Valliyur to the file of the Principal Family Court, Coimbatore, where the petition under the Domestic Violence Act is pending.

2. The petitioner would seek transfer on the following grounds: (a)She has been forcibly sent out of the matrimonial house and has not been receiving any maintenance from the respondent / husband.

(b)She is now residing at Coimbatore and the matter is pending before the Court at Valliyur in Tirunelveli District and the petitioner has to travel over 600 KM to 2/6

attend every hearings.

(c)The petitioner would also have to take some one to accompany her and arrange for boarding and lodging for herself as well as her escort which would also be a financial strain on her considering the husband has not bothered to maintain her.

(d)The petitioner has filed domestic violence case and the same is pending in DVA.No.201 of 2022 before the Special Court for Domestic Violence Cases,

3. Considering the above reasons set out by the petitioner and taking note of the fact that she is made to travel all the way to Tirunelveli her request for transfer appears to be justified. That apart, the DVC is pending before the Special Court for Domestic Violence Cases, Coimbatore, which proceedings the respondent has to attend. 3/6

4. Therefore, the transfer petition is allowed as prayed for. Consequently, the connected miscellaneous petition is closed. No costs.

15.04.2025 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The Sub Court, Valliyur, Thirunelveli District.

2.The Principal Family Court, 5/6

P.T. ASHA, J, kan 15.04.2025 6/6