S.Monisha v. Lenin

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.38 of 2023 & C.M.P.No.1161 of 2023 S.Monisha ... Petitioner -Versus1.Lenin 2.Raj @ Paramasivam ... Respondents Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw HMOP.No.162 of 2022 pending on the file of the Family Court at Mannargudi and transfer the same to the Family Court at Nagapattinam.

For Petitioner : Mr.N.Palanivel For Respondent 1 : No appearance

ORDER

The petitioner and the respondent got married on 26.05.2016. Subsequently, due to certain matrimonial disputes, the parties are before the court. The husband has filed HMOP.No.162 of 2022 on the file of the Family

Court at Mannarkudi.

2. The petitioner is a permanent resident of Nagapattinam. There is a child from the wedlock. She pleads that she is unable to travel from Nagapattinam to Mannarkudi for every hearing. The husband, though served in the proceeding, he has not entered appearance through a counsel, nor is he appearing in person.

3. Taking into consideration the overall circumstances, the proceeding in HMOP.No.162 of 2022 is withdrawn from the file of the Family Court at Mannarkudi and is transferred to the file of the Family Court at Nagapattinam.

4. The presence of the husband need not be insisted upon by the court for every hearing. It is sufficient if he is present at every essential hearing. On all other non-essential or procedural hearings, he will be represented through a counsel.

5. With the aforesaid directions, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

24.04.2024 nl Index : yes / no : yes / no

Speaking / Non Speaking Order To 1.The Family Court at Mannargudi 2.The Family Court at Nagapattinam

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.38 of 2023 & C.M.P.No.1161 of 2023 24.04.2024