← Library
Madras High CourtTR CMP(MD)/548/2022allowed

Santhiya, v. S. Vinothkumar

2023-04-20Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.8683 of 2022 Santhiya .. Petitioner

Versus

S.Vinothkumar .. Respondent Prayer :- Petition filed under Section 24 of C.P.C., to withdraw and transfer H.M.O.P.No.262 of 2022 from the file of the Family Court, Theni, to the file of the Family Court, Chengalpattu, for proper and speedy adjudication of the above petition.

For Petitioner :

Mr.J.Vishnu For Respondent :

No Appearance

ORDER

This Petition has been filed to withdraw and transfer H.M.O.P.No.262 of 2022 from the file of the Family Court, Theni, to the file of the Family Court, Chengalpattu.

1/4

2.Today, when the matter is taken up for hearing, there is no representation on behalf of the respondent, despite service of notice on the respondent and his being printed in the cause list.

3.The above H.M.O.P. has been filed by the respondent for restitution of conjugal rights. It is the case of the petitioner that though the petitioner is willing to rejoin with the respondent, the respondent is not taking any steps to rejoin with the petitioner.

4.In the affidavit filed in support of the Transfer Civil Miscellaneous Petition, the petitioner has expressed her difficulties in travelling from Chengalpattu to Theni, which is situated 450 Kilometers away from the petitioner's residence and she has no support in Theni.

5.Being satisfied with the reasons stated in the affidavit filed in support of the Transfer Civil Miscellaneous Petition, this Court is inclined to allow this Petition, by directing transfer of H.M.O.P.No.262 of 2022, pending on the file of the Family Court, Theni, to the file of Family Court, Chengalpattu. 2/4

6.This Transfer Civil Miscellaneous Petition stands allowed with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 20.04.2023 Index : Yes/No Internet : Yes/No smn2 To 1.The Judge, Family Court, Theni.

2.The Judge, Family Court, Chengalpattu.

3/4

C.SARAVANAN, J.

smn2 Order made in 20.04.2023 4/4