Madras High CourtTR CMP/146/2024allowed

M.Pradeeba v. A.Murali

2024-04-25Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.146 of 2024 & C.M.P.No.3022 of 2024 M.Pradeeba ... Petitioner -VersusA.Murali ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the case in HMOP.No.73 of 2023 pending before the Principal Sub Court, Tindivanam and transfer the same to the Family Court at Chennai.

For Petitioner : Mrs.D.Kalaiselvi For Respondent : Mr.P.Manorajan

ORDER

The parties before me are the wife and husband. Their marriage was solemnized on 23.08.2018. A female child was born to them on 03.07.2019. Subsequently, due to matrimonial disputes, the parties are before the Principal Subordinate court at Tindivanam in HMOP.No.73 of 2023.

2. The petitioner/wife, who is a permanent resident of Chennai, pleads that she finds it difficult to travel from Chennai to Tindivanam with a small child to attend the hearing.

3. Taking into consideration the fact that the petitioner wife has a toddler to care for, I am inclined to accept this petition. Accordingly, HMOP.No73 of 2023 is withdrawn from the file of the learned Principal Subordinate Judge, Tindivanam and is transferred to the file of the Family Court in Chennai. The Family Court in Chennai is requested to attempt the settlement between the parties by way of mediation.

4. In case mediation does not succeed, the court need not insist upon the husband to appear for every hearing. It is sufficient if he is present at every essential hearing. On all other non-essential or procedural hearings, he will be represented through a counsel.

5. With the aforesaid directions, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

25.04.2024 nl Index : yes / no

: yes / no Speaking / Non Speaking Order To 1.The Principal Sub Court, Tindivanam 2.The Family Court at Chennai.

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.146 of 2024 & C.M.P.No.3022 of 2024 25.04.2024