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Madras High CourtTR CMP/1292/2024allowed

S. Preethi v. Sebastin

2025-09-22Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Tr.CMP.No.1292 of 2024 and S.Preethi ... Petitioner

Versus

Sebastin ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw the case in I.D.O.P.No.789 of 2023, pending on the file of the Family Court, Salem and to transfer the same on the file of learned Principal District Court, Tiruvallur For Petitioner :

Ms.T.Lavanya For Respondent :

No appearance **********

O R D E R

The petitioner / wife has filed the present transfer petition seeking withdrawal of I.D.O.P.No.789 of 2023 from the file of the Family Court, Salem, and transfer of the same to the file of the Principal District Court, Tiruvallur.

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2. The learned counsel for the petitioner / wife submits that the respondent / husband filed a divorce petition in I.D.O.P.No.789 of 2023 before the Family Court, Salem. The petitioner is unable to travel approximately 350 kilometers to attend each hearing at Salem along with her parents. She has also expressed her difficulty in travelling from Chennai to Salem to attend the proceedings.

3. Despite effecting paper publication in the present transfer petition, the respondent / husband has neither chosen to appear in person nor through counsel. The name of the respondent has also been printed in the cause list. Since there was no appearance, the respondent was called absent and set ex-parte. Accordingly, I proceeded to hear the learned counsel for the petitioner.

4. I have also perused the affidavit filed in support of the request for transfer. I am satisfied that the petitioner has made out a valid ground for allowing the transfer petition.

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5. In view of the above, this Transfer Civil Miscellaneous Petition is allowed. The case in I.D.O.P.No.789 of 2023, on the file of the Family Court, Salem, is withdrawn and transferred to the file of the Principal District Court, Tiruvallur. Considering the facts there shall be no orders as to costs. Consequently, connected Civil Miscellaneous Petition is closed. 22.09.2025 nvi Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No To

1. The Family Court, Salem

2. The Principal District Court, Tiruvallur.

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M. JOTHIRAMAN, J.

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