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2025 DAILYLAW 38613 (MAD)

SARANYA v. SRIDHAR

TR CMP/354/2023 · 2025-02-20

P T Asha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Tr. CMP.No.354 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :20.02.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr. CMP.No.354 of 2023 and C.M.P.No.7770 of 2023 Saranya ... Petitioner Vs. Sridhar ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw the case HMOP No.160 of 2021 on the file of the Family Court, Cuddalore and transfer to the Family Court, Villupuram. For Petitioner : M/s.C.Munisamy For Respondent : Served- No appearance O R D E R The above Petition is filed to withdraw and transfer HMOP.No.160 of 2021 pending on the file of Family Court, Cuddalore to the Family Court, Villupuram. 1/4 https://www.mhc.tn.gov.in/judis Tr. CMP.No.354 of 2023 2. Reasons for seeking the transfer are as follows:- (i) The petitioner/wife has been treated with cruelty and has been deserted by the respondent/husband. (ii) The respondent/wife has to travel all the way from Vikravandi to Cuddalore for every hearing. (iii) The petitioner/wife had filed a maintenance case in MC.No.6 of 2022 before the Judicial Magistrate, Vikravandi claiming a sum of Rs.15,000/- per month as maintenance and the same is pending adjudication. 3. Heard the learned counsel for the petitioner. Respondent though served has not entered appearance either in person or through counsel. 4. The petitioner/wife is residing at Vikravandi, Villupuram District and has not been maintained by the respondent/husband which has constrained her to file a maintenance case in MC.No.6 of 2022 before the Judicial Magistrate, Vikravandi. Such being the case, it would not be in the interest of justice to direct the petitioner/ wife to appear before the Family Court, Cuddalore for every hearing as the presence of the parties before the Family Court is mandatory. 5. Considering the above factors, the Transfer Civil Miscellaneous 2/4 https://www.mhc.tn.gov.in/judis Tr. CMP.No.354 of 2023 Petition is allowed and HMOP.No.160 of 2021, pending on the file of the Family Court, Cuddalore is withdrawn and transferred to the file of the Family Court, Villupuram. No costs. Consequently, the connected Miscellaneous Petition is closed. 20.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No To 1.The Family Court, Cuddalore 2.The Family Court, Villupuram. 3/4 https://www.mhc.tn.gov.in/judis Tr. CMP.No.354 of 2023 P.T. ASHA . J., (shr) Tr. CMP.No.354 of 2023 and C.M.P.No.7770 of 2023 20.02.2025 4/4 https://www.mhc.tn.gov.in/judis