E.Vaishalini v. A.Arunkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.1835 of 2025 Vaishalini ... Petitioner Vs.

A.Arunkumar ... Respondent Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw the petition in H.M.O.P.No.59 of 2024 pending on the file of Family Court, Dharmapuri and transfer the same to the Family Court, Chennai. For Petitioner :

Ms.R.Krishnaveni For Respondent :

Private Notice served [No appearance]

ORDER

The petitioner-wife has filed the present transfer petition seeking to withdraw the H.M.O.P.No.59 of 2024 filed by the respondent-husband before the Family Court, Dharmapuri and transfer the same to Family Court, Chennai.

1/5

2. The petitioner and the first respondent got married on 06.06.2019. The petitioner is a permanent resident of Trichy and the respondent's parental home is at Dharmapuri. The petitioner is a bank employee and the respondent is a IT professional. Both are employed in Chennai and therefore, they resided together at Chennai for three years. However, on account of the respondent-husband's ailments, he moved to his parental home at Dharmapuri. But, the petitioner continued at Chennai, on account of her employment. To her surprise, the petitioner-wife was served with a Court notice in HMOP.No.59/2024, filed by the respondent for divorce. The petitioner was set exparte 09.07.2024, which according to the petitioner, her absence was because of her official responsibilities. The HMOP came to be allowed and divorce was granted on 26.07.2024. Thereafter, she filed a petition for setting aside the exparte order and the same was allowed and HMOP.No.59/2024 was restored to file.

3. The petitioner-wife would contend that she is the sole caretaker of her ailing mother at Trichy, who requires constant medical attention and financial support. She pleads that to maintain herself and her ailing mother, her employment is compulsory and her frequent absence at work place, 2/5

would hinder her opportunities for promotion etc., She would also submit that at present she resides in a Ladies Hostel at Orappakkam. Hence, the petitioner seeks transfer of the said HMOP to the Family Court at Chennai.

4. Though the present petition is filed seeking transfer of HMOP.No.59/2024 from the file of Family Court, Dharmapuri to the file of Family Court, Chennai, this Court, considering the fact that the petitioner is now working as a IT professional and residing in a Ladies Hostel at Orappakkam, it would be appropriate to transfer the HMOP proceedings to the jurisdictional Court of Orappakkam constituency. Accordingly, the transfer petition is disposed of and HMOP.No.59/2024 pending on the file of Family Court, Dharmapuri is withdrawn from its file and transferred to District Court, Kancheepuram, the jurisdictional Court of Orappakkam constituency. No costs. Consequently, connected miscellaneous petition is closed.

16.04.2025 Index : Yes/No Internet : Yes/No ds 3/5

To:

1.The Judge Family Court, Dharmapuri 2.The District Judge Kancheepuram.

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

4/5

P.T. ASHA, J, ds 16.04.2025 5/5