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Madras High CourtTR CMP(MD)/601/2022allowed

V.Arul Jothi, v. P.Venkatesan,

2023-06-15Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) No.9688 of 2022 V.Arul Jothi ... Petitioner Vs.

P.Venkatesan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw H.M.O.P.No.776 of 2022 on the file of Sub-Court, Poonamallee, Chennai and transfer the same to the Family Court, Theni.

For Petitioner : Mr.V.P.Rajan For Respondent : No appearance ******

O R D E R

Notice being served on the sole respondent and name being printed in the cause list, there is no representation on behalf of the respondent. Page No. 1 of 4

2. This Transfer Civil Miscellaneous Petition has been filed to transfer H.M.O.P.No.776 of 2022 from Sub-Court, Poonamallee, Chennai to the Family Court, Theni.

3. In the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, the petitioner has stated as follows:-

6. I submit that the respondent has an idea to get divorce behind my back on account of fact that my family not in position to engage a counsel at Chennai. It is to be noted that there was no financial assistance from the respondent for the past three years. Now I am dependent of my parents and they are running the family with meager income. Even now my parents are paying interest to the debt availed for my marriage.

4. Being satisfied with the above reasons, I am inclined to allow this Transfer Civil Miscellaneous Petition. Therefore, H.M.O.P.No.776 of 2022 is directed to be transferred from the Sub-Court, Poonamallee, Chennai to the Family Court, Theni.

Page No. 2 of 4

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost. Consequently, connected Miscellaneous Petition is closed.

15.06.2023 NCC : Yes / No Internet: Yes/No Index: Yes/ No jen To 1.The Sub-Court, Poonamallee, Chennai.

2.The Family Court, Theni.

Page No. 3 of 4

C.SARAVANAN, J.

jen and C.M.P.(MD) No.9688 of 2022 15.06.2023 Page No. 4 of 4