IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.435 of 2010 and M.P.No. 1 of 2010 T.Rajeswari .. Petitioner. Versus V.Venkatesan .. Respondent. PRAYER: Petition filed under Section 24 of the Civil Procedure Code, 1908, seeking to withdraw the O.P.No.1351 of 2008, pending on the file of the First Additional Family Court, Chennai, and transfer the same to the file of the Family Court at Trichy. For Petitioner: Mr.S.L.Kalavathy For Respondent: No Appearance O R D E R
This transfer civil miscellaneous petition has been filed praying that this Court may be pleased to withdraw O.P.No.1351 of 2008, pending on the file of the First Additional Family Court, at Chennai and to transfer the same to the file of the Family Court, at Trichy.
2. It has been stated that the marriage between the petitioner and the respondent had taken place, on 22.5.1998, according to Hindu rites and customs. A male child was born, on 3.4.1999, out of the wedlock. From the time of the marriage, the respondent started ill-treating and harassing the petitioner. Ultimately, the petitioner was driven out of the matrimonial home. Thereafter, she has been living with her parents, along with her minor child.
3. It has also been stated that the petitioner does not have any independent source of income and that she is depending on her aged parents for support. Though the respondent has given his residential address in Chennai, at present, he is employed outside India. It has also been stated that the petitioner is finding it extremely difficult to appear before the Family Court, at Chennai, as she is living in Trichy. She has to travel more than 350 Kilometres for every hearing, leaving behind her minor school going child. In such circumstances, the petitioner has preferred the present transfer civil miscellaneous petition before this Court.
4. There is no appearance on behalf of the respondent and no counter affidavit has been filed on behalf of the respondent.
5. In view of the averments made in the affidavit filed in support of the transfer civil miscellaneous petition, O.P.No.1351 of 2008, pending on the file of the First Additional family Court, at Chennai, is withdrawn and transferred to the file of the Family Court, Trichy, as prayed for by the petitioner in the present transfer civil miscellaneous petition. Accordingly, the transfer civil miscellaneous petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.
Index:Yes/No 07-04-2010
Internet:Yes/No
csh
M.JAICHANDREN J.
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To
1. The First Additional Family Court,
Chennai
2. The Family Court, Trichy.
Tr.C.M.P.No.435 of 2010
07-04-2010