TR.CMP.No.51 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2023

CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

TR.CMP No.51 of 2023

and

C.M.P.No.1421 of 2023

Nithya

.. Petitioner

-Vs-

P.Senthilkumar .. Respondent

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of

C.P.C., to withdraw the case in HMOP.No.592 of 2021 on the file of the

learned Family Judge, Salem and transfer the same to the file of the learned

Subordinate Judge, Rasipuram.

For Petitioner

: Mr.J.Hariharan

For Respondent

: No Appearance

O R D E R

This Transfer Civil Miscellaneous Petition has been filed by the

petitioner/wife to withdraw HMOP.No.592 of 2021 from the file of the

learned Family Judge, Salem and transfer the same to the file of the learned

Subordinate Judge, Rasipuram.

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TR.CMP.No.51 of 2023

2. Eventhough notice was served on the respondent, there is no

representation on his side.

3. The learned counsel for the petitioner would submit that the

petitioner/wife and the respondent/husband got married in the year 2008 and

they have three children. Due to misunderstanding between them, they got

separated. The petitioner/wife has rental house at Rasipuram started to live

with her children in and from then, there was no connection between her

and his husband. He would further submit that the petitioner/wife filed a

petition in HMOP.No.122 of 2021 on the file of the learned Subordinate

Judge, Rasipuram seeking divorce. After knowing the same, as a counter

blast, the respondent/husband has filed the petition for restitution of

conjugal rights in HMOP.No.592 of 2022 before the learned Family Judge,

Salem. He would further submit that if the trial is proceeded with, she is

unable to travel from Rasipuram to Salem to attend the Court hearings,

since she is having three children without any source of income. So far, no

maintenance was paid by her husband. Hence, the above petition is filed.

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TR.CMP.No.51 of 2023

4. The reasons assigned by the petitioner seeking for transfer of the

case is justifiable one. Hence, HMOP.No.592 of 2021 is ordered to be

withdrawn from the file of the Family Court at salem and transferred the

same to the Subordinate Court at Rasipuram and to be tried along with

HMOP.No.122 of 2021 .

5. Accordingly, the Family Court, Salem is directed to send entire

records to the Subordinate Court, Rasipuram within a period of four weeks

from the date of receipt of a copy of this order.

6. A perusal of materials avilable on record reveals that the

respondent/husband is a ex-service man and drawing decent salary. The

petitioner/wife is having three children without any source of income. They

living in a rented house. So far, no interim maintenance was paid by the

respondent/husband. Considering the same, this court directs the

respondent/ husband to pay a sum of Rs.10,000/- p.m. (Rupees Ten

Thousand only) as an interim maintenance on the first week of every

English Calender month which shall be credited into the account of the

petitioner/wife directly until it is modified by any court of law.

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TR.CMP.No.51 of 2023

7. With the above directions, this transfer civil miscellaneous petition

is allowed. No costs. Consequently, connected miscellaneous petiti