D. Saranya v. Samuel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Tr CMP.No.17 of 2024 & CMP.No.614 of 2024 D.Saranya : Petitioner versus J.Samuel : Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure to withdraw the GWOP.No.423 of 2023 from the file of the Family Court, Tiruchirappalli and to transfer the same to the Family Court, Erode. For Petitioner : Mr.N.S.Suganthan For Respondent : No appearance

ORDER

The petitioner is the wife. She seeks for withdrawal of GWOP.No.423 of 2023 on the file of the Family Court at Tiruchirapalli and to transfer the

same to the file of the Family Court at Erode.

2. The petitioner married the respondent on 07.07.2017. From the wedlock, two children were born on 23.08.2018 and 23.11.2020. Due to disputes and differences, the parties separated.

3. The husband has initiated GWOP.No.423 of 2023 before the Family Court at Tiruchirapalli.

4. Pleading that she has no income and has to take care of two minor children, the wife has filed this transfer petition.

5. Notice was ordered in the transfer petition on 24.01.2024. The respondent has been served with notice. Though he was served, he neither appeared in person nor did any counsel appear to oppose the transfer.

6. Taking into consideration the interest and convenience of the wife and also the fact that the children are now in the custody of the wife, GWOP.No.423 of 2023 is withdrawn from the file of the Family Court,

Tiruchirapalli and is transferred to the file of the Family Court at Erode. The Family Court at Erode need not insist upon the husband to attend for every hearing other than the essential hearing. He may be represented by counsel for all other non essential and procedural hearings. He must appear before the Court whenever directed by the learned Family Court Judge and whenever his appearance is indispensable.

7. With the above directions, this transfer petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 04.11.2024 nl Index : Yes/No Speaking Order/Non speaking order : Yes/No To 1.The Family Court, Tiruchirapalli

2. The Family Court, Erode

V.LAKSHMINARAYANAN, J.

nl 04.11.2024