D.Saritha v. D.Palayam Alias Dhamodharan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.3050 of 2023 D.Saritha ... Petitioner Vs D.Palayam Alias Dhamodharan ...

Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw H.M.O.P.No.2783 of 2022 from Hon'ble IV Additional Family Court, Madras and transfer it to the file of Principal Subordinate Court, Kanchipuram.

For Petitioner : Mr.T.N.Dhanasekaran For Respondent : Mr.P.Anbazhegan

O R D E R

The petitioner is the wife. She seeks transfer of H.M.O.P.No.2783 of 2022 pending on the file of the IV Additional Family Court at Chennai to the file of the Subordinate Court at Kanchipuram.

2. It is not in dispute that the wife is a permanent resident of 1/4

Varanavasi Village, Walajabad Taluk, Kanchipuram District. For the wife to travel from a rural area to Chennai would be a difficult task. She also pleads inability to undertake this transfer.

3. Taking into consideration the fact that the petitioner is residing atleast 80 kms away from Chennai, I am inclined to transfer the proceedings to the file of the Principal Sub Court at Kanchipuram. The husband can be represented in such proceedings through a lawyer.

4. In such circumstances, the Tr.C.M.P. is allowed. The proceedings in H.M.O.P.No.2783 of 2022 has been withdrawn from the file of the IV Additional Family Court at Chennai and transferred to the file of the Principal Sub Court at Kanchipuram. No costs. Consequently, connected miscellaneous petition is closed.

15.04.2024 Index : Yes/No Sgl To 2/4

1.The IV Additional Family Court, Chennai.

2.The Principal Sub Court, Kanchipuram.

3/4

V. LAKSHMINARAYANAN, J.

Sgl 15.04.2024 4/4