S.Malini v. R.Balabaskaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.369 of 2023 & C.M.P.No.7966 of 2023 S.Malini ... Petitioner -VersusR.Balabaskaran ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the MOP No.14 of 2023 on the file of Family Court at Puducherry and to transfer the same to the Family Court at Villupuram.

For Petitioner : Mr.C.Prabakaran For Respondent : Mr.Md. Meer Javadh

ORDER

The petitioner is the wife. The respondent/husband has filed MOP.No.14 of 2023, seeking divorce, on the file of the Family Court at Puducherry.

2. The petitioner/wife pleads that she has no income and has two children to take care of. She states that with the lack of income, she would find it very difficult to travel on a regular basis from Villupuram to Puducherry, though the distance is very inconsiderable.

3. Notice was issued in the transfer CMP on 17.04.2024 and the respondent/husband was served.

4. Learned counsel appearing for the respondent/husband states that he has no objection for the transfer of the proceedings from the Family Court, Puducherry to the Family Court, Villupuram.

5. Taking into consideration the no objection tendered by the respondent/husband as well as the difficulties expressed by the wife, this transfer civil miscellaneous petition is allowed. MOP.No.14 of 2023 is withdrawn from the file of the Family Court, Puducherry and is transferred to the file of the Family Court, Villupuram. It is made clear that the Family Court

at Villupuram need not insist upon the respondent to appear for every hearing except the essential hearing. For non-essential or procedural hearings, he may be represented through a counsel. No costs. Consequently, the connected miscellaneous petition is closed.

03.06.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order To 1.The Family Court, Puducherry 2.The Family Court, Villupuram

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.369 of 2023 & C.M.P.No.7966 of 2023 03.06.2024