Madras High CourtTR CMP/89/2024allowed

E. Sherin v. R. Edwin

2024-10-18Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.2187 of 2024 E.Sherin .. Petitioner

Versus

R.Edwin .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw I.D.O.P.No.363 of 2023 on the file of the Principal District and Sessions Court, Tiruvallur and transfer to the Family Court at Vellore or any other Court having jurisdiction at Vellore.

For Petitioner : Ms.S.Mahalakshmi For Respondent : No Appearance

ORDER

When the matter came up for hearing on 24.09.2024, the respondent sought time for filing counter-affidavit. Hence the matter was listed today. Today, there is no representation for the respondent. 1/4

2. Heard Ms.S.Mahalakshmi, learned Counsel for the petitioner.

3. The petitioner is the wife. She married the respondent as per the Christian rites and customs on 29.11.2020 at Pattabiram. Thereafter, the parties separated. The wife has been residing with her father at Vellore from 15.11.2022. Alleging certain acts entitling him for divorce, the husband presented I.D.O.P.No.363 of 2023 on the file of the learned Principal District and Sessions Judge at Tiruvallur.

4. The wife pleads that she is taking care of her grand-mother who is bed ridden and that her mother is suffering from bilateral knee osteoarthritis. She states that her father is also suffering from a similar affliction. Pleading that she is unable to travel the distance of 300 kms from Vellore to Tiruvallur (both ways), she moved this Transfer Civil Miscellaneous Petition.

5. Taking into consideration the difficulties expressed by the wife, I am inclined to accept the transfer.

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6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The proceeding in I.D.O.P.No.363 of 2023 is withdrawn from the file of the Principal District and Sessions Court, Tiruvallur and transferred to the file of the Family Court, Vellore. No costs. Consequently, connected miscellaneous petition is closed.

18.10.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Principal District and Sessions Court, Tiruvallur.

2. The Family Court, Vellore.

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V.LAKSHMINARAYANAN, J.

grs and C.M.P.No.2187 of 2024 18.10.2024 4/4