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Madras High CourtTR CMP/88/2023allowed

Jenipha Kingslin v. Joseph Victor Premkumar

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.2005 of 2023 Jenipha Kingslin .. Petitioner Vs.

N.Joseph Victor Premkumar .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in I.D.O.P.No.539 of 2022 on the file of the Family Court at Tiruchirapalli and transfer the same to the file of the Principal Family Court at Pondicherry. For Petitioner : Mr.J.Aravind For Respondent : M/s.H.Mary Sowmi Rexi for M/s.Issac Chambers

ORDER

The petitioner is the wife and the respondent is the husband. They got married on 08.12.2021 at Pondicherry. Due to differences in the marriage, the husband has initiated proceeding in I.D.O.P.No.539 of 2022 on the file Page No 1 of 4

of the Family Court at Tiruchirapalli.

2. The wife pleads that she is unable to travel from Pondicherry to Tiruchirapalli for the purpose of attending the Court hearings. Apart from that, she has also initiated a domestic violence petition which has been numbered as D.V.C.No.122 of 2022 before the Judicial Magistrate No.I, Pondicherry. The husband has to travel to Puducherry for the said proceeding.

3. Taking into consideration the inconvenience caused to the wife, I am inclined to allow this transfer petition. Hence, the proceeding in I.D.O.P.No.539 of 2022 pending on the file of the Family Court at Tiruchirapalli is withdrawn and it shall stand transferred to the file of the Principal Family Court at Pondicherry.

4. It is made clear that the husband need not appear for every hearing. But, he shall appear for the essential hearings. On all other hearings, he may be represented through a counsel.

Page No 2 of 4

5. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. The connected Civil Miscellaneous Petition is closed. 23.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 To 1.The Family Court, Tiruchirapalli 2.The Principal Family Court, Pondicherry and C.M.P.No.2005 of 2023 23.04.2024 Page No 4 of 4