S.Preethi v. K.Gowrishankar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.P.No.27113 of 2024 S.Preethi

...Petitioner

Vs K.Gowrishankar

...Respondent

PRAYER : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw and transfer H.M.O.P.No.61 of 2024 on the file of the Sub Court, Uthangarai to the file of the Family Court, Chennai.

For Petitioner : Mr.T.C.Gopalakrishnan For Respondent : Mr.K.Thiruvengadam

ORDER

The petitioner wife has filed the above Transfer Civil Miscellaneous Petition seeking transfer of H.M.O.P.No.61 of 2024 pending on the file of the Sub Court, Uthangarai to the file of the Family Court, Chennai.

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2.The respondent has filed the above H.M.O.P.No.61 of 2024 seeking restitution of conjugal rights. The reasons given in the affidavit filed in support of the above transfer C.M.P are that:- a)the petitioner was forced to leave her matrimonial home on account of the mental and physical harassment that she had suffered at the hands of the respondent herein.

b)Petitioner would submit that she is taking care of her three year old child without any financial support from the respondent and by filing the above H.M.O.P. before the Sub Court, Uthangarai, the respondent is compelling the petitioner to travel from Chennai to Uthangarai with her child who is not a healthy child.

c)The petitioner is residing within the jurisdiction of the Family Court, Chennai.

3.Heard the learned counsel for the petitioner and perused the records.

4.Considering the above reasons and taking note of the fact that the 2/4

petitioner has been left in the financial lurch by the respondent, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.61 of 2024 pending on the file of the Sub Court, Uthangarai, is withdrawn and transferred to the file of the Family Court, Chennai. No costs. Consequently, connected miscellaneous petition is closed. 28.02.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The Sub Court, Uthangarai 2.The Family Court, Chennai.

P.T.ASHA , J, 3/4

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