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Madras High CourtTR CMP/1224/2024allowed

Rohitha Mary Alka v. Pratheep Joe Siluvai

2025-03-03Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.26745 of 2024 Rohitha Mary Alka ... Petitioner Vs.

Pratheep Joe Siluvai ... Respondent Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw the case in I.D.O.P.No.313 of 2023 on the file of the Principal District Court at Thiruvallur and transfer the same to the III Additional Family Court, Chennai, since maintenance case in M.C.No.576 of 2024 is pending before the III Additional Family Court, Chennai.

For Petitioner :

Mr.B.Janakiram For Respondent :

Mr.T.Ramachandran 1/5

ORDER

Seeking to withdraw the case in I.D.O.P.No.313 of 2023 on the file of the Principal District Court at Thiruvallur and to transfer the same to III Additional Family Court, Chennai, the wife had preferred the above Transfer Civil Miscellaneous Petition.

2. The learned counsel appearing for the petitioner would submit that the husband-respondent had preferred a divorce petition in I.D.O.P.No.313 of 2023 on the file of Principal District Court at Thiruvallur. The petitioner had filed a maintenance case in M.C.No.576 of 2024 before the III Additional Family Court, Chennai, and the same is pending. Hence, she seeks leave of the Court to transfer the IDOP case to the III Additional Family Court, Chennai, so that she could defend both the IDOP proceedings as well as the maintenance case before the III Additional Family Court, Chennai.

3. The learned counsel appearing for the respondent on instructions 2/5

submitted that the respondent-husband has no objection in transferring the I.D.O.P.No.313 of 2023 to the file of III Additional Family Court, Chennai.

4. Recording the submissions made by the learned counsel for the respondent, this transfer petition is allowed and the I.D.O.P.No.313 of 2023 is withdrawn from the file of the Principal District Court at Thiruvallur and transferred to the III Additional Family Court, Chennai. No costs. Consequently, connected miscellaneous petition is closed. 03.03.2025 Index : Yes/No Internet : Yes/No ds 3/5

To:

1.The Principal District Judge Thiruvallur.

2.The Judge III Additional Family Court, Chennai.

3.The Section Officer VR Section High Court, Madras.

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P.T. ASHA, J, ds 03.03.2025 5/5