K.Ramya v. R.Dineshkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.2431 of 2023 K.Ramya .. Petitioner Vs.

R.Dineshkumar .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the H.M.O.P.No.1949 of 2022 pending on the file of the Principal Family Court, Coimbatore to the file of the Sub Court, Omalur or any other Court having jurisdiction to try the above case for the interest of justice. For Petitioner : Mr.K.A.Mariappan For Respondent : Mr.V.Chidhambaram for Mr.R.Navaneetha Krishnan

ORDER

The present Transfer Civil Miscellaneous Petition has been filed seeking transfer of H.M.O.P.No.1949 of 2022 which is now pending on the file of the Principal Family Court at Coimbatore to the file of the Sub Court Page No 1 of 4

at Omalur and for consequential orders.

2. The petitioner and the respondent entered into a matrimony on 26.10.2020. Soon after the wedding, the marriage hit the rocks resulting in filing of one domestic complaint after another. The petitioner initiated a Domestic Violence Case in DVC.No.12 of 2021 which is pending before the Judicial Magistrate Court at Omalur. The husband/respondent soon, thereafter, filed a petition in H.M.O.P.No.1949 of 2022 on the file of the Principal Family Court at Coimbatore, where he is currently residing. The petitioner pleads that she is unable to travel from Omalur to Coimbatore for every date of hearing.

3. Notice was issued on the respondent and Mr.V.Chidhambaram appears for Mr.R.Navaneetha Krishnan.

4. Mr.V.Chidhambaram states that he has got instruction to say no objection to the transfer of proceedings.

5. Considering the young age of the petitioner, who is hardly 22 years Page No 2 of 4

old and the fact that the husband/R.Dineshkumar has no objection for the transfer of proceedings, this Transfer Civil Miscellaneous Petition stands allowed.

6. Accordingly, the proceedings in H.M.O.P.No.1949 of 2022 which is now pending on the file of the Principal Family Court, Coimbatore is withdrawn and it shall stand transferred to the file of the Sub Court, Omalur. No costs. The connected Civil Miscellaneous Petition is closed. 05.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No V. LAKSHMINARAYANAN, J.

Page No 3 of 4

mkn2 To 1.The Principal Family Court, Coimbatore 2.The Sub Court, Omalur and C.M.P.No.2431 of 2023 05.04.2024 Page No 4 of 4