Dharthi Mariyal v. R.Rajee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.BASKARAN Tr.CMP.(MD).No.343 of 2017 and C.M.P.(MD).No.7155 of 2017 Dharthi Mariyal ... Petitioner/Respondent vs.

R.Rajee ... Respondent/Petitioner Prayer: Petition filed under Section 24 of C.P.C to withdraw the H.M.O.P.No.1139 of 2016 on the file of the II Additional Family Court, Chennai and transfer the same to the Family Court, Madurai. For Petitioner : Mr.I.Joshua For Respondent : No appearance

ORDER

The petitioner has come forward with this petition seeking to transfer H.M.O.P.NO.1139 of 2016, pending on the file of the II Additional Family Court, Chennai to the file of the Family Court, Madurai.

2.The petitioner/wife states that her husband/respondent herein filed H.M.O.P.No.1139 of 2016, seeking divorce on the ground of adultery and the same is pending on the file of the II Additional Family Court, Chennai. The petitioner states that after the marriage was solemnized on 18.10.2012, she lived with her husband at Chennai in a joint family and a male child was born to them on 17.05.2014. Subsequently, due to inimical treatment and bad behaviour of the respondent, she was forced to go out of the matrimonial home. The respondent insisted her to give consent for divorce. She refused to do so. Whileso, the respondent filed the above said H.M.O.P.No.1139 of 2016 and the same is now pending. The petitioner is now staying at Madurai with her minor https://hcservices.ecourts.gov.in/hcservices/

son and she is having no source of income on her own. Further, she finds it difficult to travel to Chennai for each and every hearing with the minor child. Hence, she seeks transfer as stated above.

3.In spite of notice being served, the respondent neither appeared in person nor through counsel.

4.Considering the reasons stated by the respondent that she is unemployed and depending on her parents and she is unable to travel with her minor child to Chennai, which is nearly 500 kilometres away from Madurai, this court is inclined to entertain this petition.

5.In the result, this petition is allowed. The petition in H.M.O.P.No.1139 of 2016, pending on the file of the II Additional Family Court, Chennai is ordered to be withdrawn and transferred to the file of the Family Court at Madurai. The Family Judge, Madurai is directed to dispose of the above case as expeditiously as possible, after receipt of records from the concerned court. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub Assistant Registrar To 1.The Family Court at Madurai 2.The II Additional Family Court, Chennai +1. C.C. to M/S.I.Jousha, Advocate SR.No.89982 Tr.C.M.P.(MD).No.343 of 2017 28.11.2017 PK/MR/SAR-1/05.01.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/