Madras High CourtTR CMP/80/2023allowed

Mohanapriya v. G.Sarath

2024-04-23Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.1842 of 2023 Mohanapriya .. Petitioner Vs.

G.Sarath .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No.5 of 2022 on the file of the learned Subordinate Judge at Paramathi, Vellore, Namakkal District and transfer the same to the file of the learned Family Judge at Salem to be tried along with Maintenance Case in M.C.No.50 of 2022.

For Petitioner : Mr.S.Panneer Selvan For Respondent : Mr.A.V.Balusamy Page No 1 of 4

ORDER

The husband/respondent has initiated a proceeding in H.M.O.P.No.5 of 2022 for divorce before the learned Subordinate Judge at Paramathi in Namakkal District.

2. The petitioner before me is the wife. From the wedlock between the petitioner and the respondent, which took place on 04.09.2017, a female child was born on 09.11.2018.

3. The petitioner/wife is a permanent resident of Salem. She finds it difficult to travel from Salem to Paramathi with the child.

4. Taking into consideration the interest of the wife, the proceeding in H.M.O.P.No.5 of 2022 pending on the file of the learned Subordinate Judge at Paramathi, Velur, Namakkal District is withdrawn and it shall stand transferred to the file of the learned Family Judge at Salem to be tried along with the Maintenance Case in M.C.No.50 of 2022.

5. It is made clear that the husband need not appear for every hearing. Page No 2 of 4

But, he shall appear for the essential hearings. On all other hearings, he may be represented through a counsel.

6. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

23.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No To 1.The Sub Court at Paramathi, Vellore, Namakkal District 2.The Family Court, Salem V. LAKSHMINARAYANAN, J.

Page No 3 of 4

mkn2 and C.M.P.No.1842 of 2023 23.04.2024 Page No 4 of 4