Wife sought transfer of husband's matrimonial proceedings from Gobichettipalayam to Tiruchendur, Thoothukudi District, citing financial hardship and care of two children. Respondent did not appear despite notice and publication. Considering the wife's convenience, the court allowed the transfer.
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Tr.C.M.P.No.163 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2024
CORAM:
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr.C.M.P.No.163 of 2023 and C.M.P.No.3619 of 2023
Sivasangari
... Petitioner
vs
Sivamagarajan ... Respondent
Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.151 of 2019 on the file of Sub Court, Gobichettipalayam and transfer to Sub Court, Tiruchendur, Thoothukudi District.
For Petitioner : Mr.S.Ravikumar
For Respondent : No Appearance
ORDER
The petitioner is the wife. She married the respondent on 08.09.2013.
From the wedlock, a female child was born on 18.06.2014 and a male child on 21.06.2016. The petitioner is the permanent resident of Karungadal in Thoothukudi District. The respondent-husband is residing in Gobichettipalayam, Erode District.
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and the husband had initiated H.M.O.P.No.151 of 2019 on the file of the Sub Court at Gopichettipalayam.
great difficulty, she is meeting her financial needs and that of the children. Hence, she seeks transfer of the proceedings from the file of the Sub Court, Gobichettipalayam to the file of the Sub Court, Tiruchendur at Thoothukudi District.
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Thoothukudi District and case is being conducted in Erode District. She finds it extremely difficult to travel from Karungadal to Gobichettipalayam to contest the proceedings. She pleads that she has got two children and has to take care them also.
costs. Consequently, the connected civil miscellaneous petition is closed.
02.08.2024 Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm
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Tr.C.M.P.No.163 of 2023
V.LAKSHMINARAYANAN, J.
dm
To
Tr.C.M.P.No.163 of 2023
02.08.2024
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1 issue framed by the court
Should H.M.O.P.No.151 of 2019 be transferred from Sub Court, Gobichettipalayam to Sub Court, Tiruchendur, given the wife's hardship in travelling with two children?
1 provisions across 1 enactments
Sivasangari
Sivamagarajan
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
