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Madras High CourtTR CMP/101/2024allowed

Meena v. C. Karthik @ Karthikeyan

2024-04-30Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN TR.C.M.P.No. 101 of 2024 & C.M.P. No. 2316 of 2024 Meena ..Petitioner Vs.

C. Karthik @ Karthikeyan ..Respondent Prayer:

Transfer C.M.P. filed under Section 24 of CPC to withdraw O.P. No. 3662 of 2023 on the file of the II Additional Family Court, Chennai and transfer the same to Family Court, Tiruchirappalli. For Petitioner ::

Ms. Anisha Rani For Respondent ::

Mr. R. Srinivasan

O R D E R

The petitioner/wife is a permanent resident of Koovathakudi in 1\4

Manachanallur Taluk of Tiruchirapalli District. The respondent/husband is a resident of Old Washermanpet in Chennai. The petitioner and the respondent entered into matrimony on 01.06.2020 at Trichy. For reasons best known to them, they have separated.

2.

The respondent/husband, seeking restitution of conjugal rights, has initiated proceedings before the II Additional Family Court, Chennai in O.P. NO. 3662 of 2023. The petitioner/wife, unable to maintain herself, has moved the Chief Judicial Magistrate Court, Trichy, seeking maintenance under Section 125 Cr.P.C. in M.C. No. 27 of 2023. 3.

The petitioner/wife claims that she is residing with her parents and she is unemployed. She pleads that it is difficult for her to travel from Trichy to Chennai and back for the purpose of attending the hearing. 2\4

4.

The respondent/husband has been served in the proceedings. 5.

Taking into consideration the interest of the petitioner/wife, the proceedings in O.P. NO. 3662 of 2023 before the II Additional Family Court, Chennai are withdrawn and transferred to the file of Family Court, Trichy.

6.

It is made clear that the learned Judge, Family Court, Chennai need not insist upon the appearance of the respondent/husband for every hearing. Suffice if the respondent/husband appears for those hearings, where his presence is indispensable.

For all other hearings, the respondent/husband shall be represented by his counsel. The learned Judge, Family Court, Trichy, may also see to it that the date of listing of the O.P. coincides with that of the date of listing of M.C., as far as possible. 7.

The transfer C.M.P. stands allowed with the above direction. No costs. Connected C.M.P. is closed.

30.04.2024 nv 3\4

V. LAKSHMINARAYANAN,J.

nv TO 1.

The II Addl. Family Court, Chennai.

2.

The Family Court, Trichy.

30.04.2024 4\4