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Madras High CourtTR CMP/1196/2023allowed

S.P.Padmapriya v. N.S.Gokulakrishnan

2025-02-26Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.P.No.28657 of 2023 S.P.Padmapriya

...Petitioner

Vs Dr.N.S.Gokulakrishnan

...Respondent

PRAYER : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw the H.M.O.P.No.38 of 2023 pending on the file of Sub Court, Tiruvarur and transfer the same to the Sub Court, Alandur.

For Petitioner : Mr.Murugananthan K For Respondent : Private notice served

ORDER

The petitioner wife has filed the above Transfer Civil Miscellaneous Petition seeking transfer of H.M.O.P.No.38 of 2023 filed by the respondent husband on the file of the Sub Court, Tiruvarur to the Sub Court, Alandur.

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2.The petitioner has given the following reasons for seeking a transfer.

a)She would submit that owing to the physical abuse that she had faced at the hands of the respondent she had left her matrimonial home with her minor child and had returned to Chennai and is living with her parents.

b)petitioner's father is not keeping good health and she is entirely depending on them for her day to day expenses. c)The respondent has not taken any steps whatsoever to maintain the petitioner or her minor son.

d)The distance to travel to Tiruvarur for attending the Court hearings is very far and that too when she is not financially in a condition to travel so.

3.The respondent who has been served has not chosen to enter appearance before this Court.

4.Having regard to the above averments made in the affidavit filed 2/4

in support of the petition and also taking into account the fact that the respondent has not been giving any maintenance to either the petitioner or her minor son the interest of justice requires that the H.M.O.P.No.38 of 2023 pending on the file of the Sub Court, Tiruvarur, is withdrawn and transferred to the file of the Sub Court, Alandur. 5.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

26.02.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 3/4

P.T.ASHA , J, ep To 1.The Sub Court, Tiruvarur.

2.The Sub Court, Alandur.

C.M.P.No.28657 of 2023 26.02.2025 4/4