N.Varalakshmi v. K.Veeramani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Tr.C.M.P.No. 17 of 2023 and C.M.P.No. 627 of 2023 N. Varalakshmi ... Petitioner Vs.

K. Veeramani ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw the H.M.O.P.No. 309 of 2022 on the file of the Sub Court, Kumbakonam and to transfer the same to the Family Court, Puducherry.

For Petitioner : Mr. D. Senthilkumar For Respondent : No Appearance 1/5

O R D E R

The petitioner / wife seeks transfer of H.M.O.P.No. 309 of 2022 pending on the file of Sub Court, Kumbakonam to the Family Court, Puducherry. The petitioner / wife seeks transfer of the proceedings before the Family Court, Puducherry on the ground that she is living at Pondicherry with one female child, aged about 4 years and she is not able to attend the Court hearings by travelling 172 kms.

2. The learned counsel for the petitioner submits that the marriage between the respondent and the petitioner was solemnized on 09.02.2017 at Sri Padmavathi Mahal, ARR Road, Kombakonar, as per the Hindu Rites and Customs. Out of the wedlock, one female child born to them. Further submitted that now the petitioner is living with her parents home with her 4 year old child and it is difficult to travel nearly 172 kms to attend the Court proceedings at Kumbakonam. Hence, she prays to transfer the HMOP.No.309 of 2022, to the Family Court, Puducherry. 2/5

3. Though notice was served to the respondent and name has also been printed in the cause list, none appeared on behalf of him.

4. Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the H.M.O.P.No.309 of 2022 to the Family Court, Puducherry.

5. In view of the above, H.M.O.P.No.309 of 2022 is withdrawn from the file of the Sub Court, Kumbakonam and transferred to the file of the Family Court, Puducherry to be disposed of in accordance with law and the Sub Court, Kumbakonam is directed to send entire records to the Family Court, Puducherry, within a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 3/5

7. However, the Family Court, Puducherry is directed to issue notice to the respondent and then proceed with the matter as early as possible, preferably within a period of six months from the date of this order. 31.10.2023 Index : Yes / No AT To

1. The Sub Court, Kumbakonam.

2. The Family Court, Puducherry.

4/5

T.V.THAMILSELVI, J.

AT Tr.C.M.P.No. 17 of 2023 and C.M.P.No. 627 of 2023 31.10.2023 5/5