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R.Sowmiya v. R.Ramesh

Transfer Petition – Section 24 CPC

Madras HC4 Apr 2025TR CMP/109/2025

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What is this about?

Madras High Court (Ms. Justice P.T. Asha, 04.04.2025) allowed Tr. C.M.P.No. 109 of 2025 filed by R.Sowmiya under Section 24 of CPC to withdraw OP.No.748 of 2024 (dissolution of marriage) from the Family Court, Karur and transfer it to the Sub Court, Kodumudi, Erode, on the ground that she resided at Erode with her aged parents and the transferee court did not require presence of both parties; respondent R.Ramesh did not appear despite service; connected C.M.P.No. 2208 of 2025 closed, no costs.

What did the court decide?

OP.No.748 of 2024 withdrawn from the file of the Family Court, Karur and transferred to the file of the Sub Court, Kodumudi, Erode; connected miscellaneous petition (C.M.P.No. 2208 of 2025) closed; no costs. ¶25

R.Sowmiya Vs R.Ramesh — Madras HC (2025) — LawSathi Research

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Tr. C.M.P.No. 109 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.04.2025

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CORAM

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THE HONOURABLE MS. JUSTICE P.T. ASHA.J

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Tr. C.M.P.No. 109 of 2025 and C.M.P.No. 2208 of 2025

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R.Sowmiya ... Petitioner

vs.

R.Ramesh

... Respondent

Prayer: Transfer Petition is filed under Section 24 of CPC, to

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withdraw the OP.No.748 of 2024 from the file of the Family Court, Karur and to transfer the same to the file of the Sub Court, Kodumudi, Erode.

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For Petitioner : Mr. R.Prabakar For Respondent : No Appearance.

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ORDER

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https://www.mhc.tn.gov.in/judis

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Tr. C.M.P.No. 109 of 2025

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The Transfer Petition is filed to withdraw OP.No.748 of 2024

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from the file of the Family Court, Karur and to transfer the same to the file of the Sub Court, Kodumudi, Erode.

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The petitioner would submit that she married the respondent on 16.11.2023. Thereafter, due to difference of opinion the parties separated and the respondent herein had filed above OP seeking dissolution of marriage.

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The petitioner would submit that presently she is living with her aged parents at Erode and she cannot travel from Erode to Family Court, Karur to attend the proceedings. The petitioner would submit that she is going to file a petition for restitution of conjugal rights before the Sub Court, Kodumudi. The petitioner would submit that the petition filed by the respondent is pending before the Family Court, where the presence of both the parties is necessary. Therefore, the matter may be transferred to the file of the Sub Court, Kodumudi. 2/4

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https://www.mhc.tn.gov.in/judis

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Tr. C.M.P.No. 109 of 2025

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The respondent though served has not entered appearance.

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Considering the fact that the petitioner is seeking transfer to the Sub Court, where the presence of both the parties is not necessary, the transfer petition is allowed as prayed for. Consequently, the connected miscellaneous petition is closed. No costs.

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04.04.2025

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Index: Yes/No Internet: yes/No kan

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To 1.The Family Court, Karur.

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2.The Sub Court, Kodumudi.

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P.T. ASHA.J kan

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