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Madras High CourtTR CMP/168/2024allowed

Sangeetha v. Lakshmanan

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.3266 of 2024 Sangeetha .. Petitioner Vs.

Lakshmanan .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No.134 of 2023 on the file of the Sub Court at Sankari and transfer the same to the file of the Family Court at Salem. For Petitioner : Mr.R.Nalliyappan For Respondent : Served, No Appearance Page No 1 of 4

ORDER

The petitioner is the wife and the respondent is the husband. The respondent has initiated proceedings for divorce before the Sub Court at Sangagiri in H.M.O.P.No.134 of 2023.

2. The petitioner is suffering from a "High Grade Malignant Tumor" and she is currently undergoing treatment for the same. Apart from that, from the wedlock between the petitioner and the respondent, a child was born.

3. Taking into consideration the inconvenience caused to the wife in traveling from Salem to Sangagiri, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No.134 of 2023 on the file of the Sub Court at Sangagiri is withdrawn and it shall stand transferred to the file of the Family Court at Salem.

4. It is also made clear that the appearance of the husband is dispensed with for all the procedural and non-essential hearings. It is sufficient if he appears for the essential hearings and for all other hearings, Page No 2 of 4

he may be represented through a counsel.

5. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

23.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No To 1.The Sub Court, Sangagiri 2.The Family Court, Salem Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 and C.M.P.No.3266 of 2024 23.04.2024 Page No 4 of 4