S. Durga v. R.Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.CMP.No.148 of 2023 and CMP.No.3174 of 2023 S. Durga D/o. Sekar Shettiar ... Petitioner vs R. Balaji S/o. Raman .. Respondent PRAYER:- The Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P. No.152 of 2021 pending on the file of the learned Subordinate Judge, Hosur and transfer the same to the file of Family Court, Salem.

For Petitioner : Ms. S. Premakumari for Ms. L. Sumathi For Respondent : Served - No appearance.

ORDER

The petition has been filed to withdraw H.M.O.P. No.152 of 2021 from the file of the learned Subordinate Judge, Hosur and transfer the same to the file of Family Court, Salem.

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2. Heard S. Premakumari for Ms. L. Sumathi, learned counsel appearing for the petitioner.

3. The petitioner has already filed petition for divorce in H.M.O.P. No.333 of 2020 on the file of Family Court at Salem. After the notice had been sent in the said H.M.O.P., the husband had initiated proceedings before the Subordinate Court, Hosur. The petitioner has no support and she lived in her matrimonial home only for two days.

4. Taking an overall consideration of the facts, the Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P. No.152 of 2021 pending on the file of Subordinate Court, Hosur is withdrawn and transferred to the file of Family Court at Salem to be heard and tried along with H.M.O.P. No.333 of 2020 filed by the petitioner before the Family Court, Salem. No costs. The connected miscellaneous petition is closed.

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mjs V. LAKSHMINARAYANAN,J.

Mjs To

1. The Subordinate Court, Hosur.

2. The Family Court, Salem.

Tr. CMP. No.148 of 2023 04.04.2024 3/3