Eswari @ Koperundevi v. M.Vignesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.Nos.25665 & 25667 of 2024 Mrs.Eswari @ Koperundevi ... Petitioner Vs.

Mr.M.Vignesh ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw the HMOP.No.23 of 2023 filed under Section 13 (1)(i-a) of Hindu Marriage Act on the file of Hon'ble Family Court at Cuddalore to the Hon'ble Family Court at Thiruvallur and order simultaneous trial with HMOP No.109 of 2024 filed under Section 9 of Hindu Marriage Act on the file of the Hon'ble Family Court at Thiruvallur. For Petitioner : M/s.Srikumar For Respondent : Served - No appearance 1/4

O R D E R

The above Petition is filed to withdraw and transfer HMOP.No.23 of 2023 pending on the file of Family Court at Cuddalore to the Family Court at Thiruvallur, to be tried along with HMOP.No.109 of 2024.

2. Reasons for seeking the transfer are as follows:- (i) The petitioner/wife is unemployed and is not being maintained by the respondent/husband.

(ii) The petitioner/wife and her children is fully dependent on her parents.

(iii) HMOP.No.109 of 2024 is filed by the petitioner/wife for restitution of conjugal rights which is pending on the file of the Family Court, Thiruvallur.

(iv) The distance between the present residence of the petitioner/wife and the Cuddalore is 180 Kms.

3. The 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 and justified. Therefore, the Transfer Civil Miscellaneous Petition is allowed and HMOP.No.23 of 2023 pending on the file of 2/4

Family Court at Cuddalore is withdrawn and transferred to the file of the Family Court at Thiruvallur to be tried along with HMOP.No.109 of 2024. No costs. Consequently, the connected Miscellaneous Petitions are closed. 01.04.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Family Court at Cuddalore .

2. The Family Court at Thiruvallur .

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P.T. ASHA . J., (shr) and C.M.P.Nos.25665 & 25667 of 2024 01.04.2025 4/4