Backialakshmi vs R.Karthik on 4 April, 2025

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Madras High Court

Backialakshmi vs R.Karthik on 4 April, 2025

Bench: P.T. Asha

                                                                                       Tr. C.M.P.No. 553 of 2023


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 04.04.2025

                                                             CORAM

                                  THE HONOURABLE MS. JUSTICE P.T. ASHA

                                             Tr. C.M.P.No. 553 of 2023
                                                       and
                                             C.M.P.No. 13007 of 2023


                     Backialakshmi                                                     ... Petitioner

                                                                vs.

                     R.Karthik                                                         ... Respondent


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

                     withdraw HMOP.No.1052 of 2022 on the file of the Family Court,

                     Coimbatore and transfer the same to the file of the Sub Court,

                     Denkanikottai to try along with HMOP.No.23 of 2023.

                                   For Petitioner        :        Mr. S.Ramesh

                                   For Respondent :               Mr. C.Munusamy




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https://www.mhc.tn.gov.in/judis              ( Uploaded on: 03/06/2025 04:26:13 pm )
                                                                                           Tr. C.M.P.No. 553 of 2023


                                                              ORDER

The Transfer Petition is filed to withdraw HMOP.No.1052 of 2022 on the file of the Family Court, Coimbatore and transfer the same to the file of the Sub Court, Denkanikottai to be tried along with HMOP.No.23 of 2023.

2. The petitioner married the respondent on 14.02.2022.

Thereafter due to difference of opinion the parties separated and the respondent herein had filed HMOP.No.1052 of 2022 on the file of the Family Court, Coimbatore, seeking dissolution of the marriage between them. The petitioner thereafter filed HMOP.No.23 of 2023 on the file of the Sub Court, Denkanikottai.

3. The petitioner would submit that presently she is living at Denkanikottai. The petitioner would submit that it is very difficult for her both physically and financially to travel from Denkanikottai to 2/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/06/2025 04:26:13 pm ) Tr. C.M.P.No. 553 of 2023 Coimbatore to attend the hearing. The petitioner would further submit that the HMOP filed by the respondent is pending before the Family Court, where presence of both the parties is mandatory. Therefore, the petitioner seeks transfer of HMOP.NO.1052 of 2022 to the file of the Sub Court, Denkanikottai to be tried along with HMOP.No.23 of 2023.

4. Heard the learned counsels and perused the records.

5. Considering the fact that the petitioner is seeking transfer to the Sub Court, where the presence of both the parties is not necessary and as the proceedings filed by the petitioner in HMOP.No.23 of 2023 is already pending on the file of the Sub Court, Denkanikottai, the transfer petition is allowed as prayed for. Consequently, the connected miscellaneous petition is closed. No costs.

04.04.2025 Index: Yes/No Internet: yes/No kan 3/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/06/2025 04:26:13 pm ) Tr. C.M.P.No. 553 of 2023 To

1.The Family Court, Coimbatore.

2.The Sub Court, Denkanikottai.

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/06/2025 04:26:13 pm ) Tr. C.M.P.No. 553 of 2023 P.T. ASHA.J kan Tr. C.M.P.No. 553 of 2023 04.04.2025 5/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/06/2025 04:26:13 pm )

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