C. Nandhini v. D. David

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.Nos.3884 and 14987 of 2024 C.Nandhini .. Petitioner

Versus

D.David .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the proceedings in S.M.O.P.No.108 of 2023 on the file of the learned District and Sessions Judge-II at Kancheepuram and transfer to the Family Court at Thiruvallur. For Petitioner : Mr.V.S.Sivanu Pandian For Respondent : Ms.L.Karthiga

ORDER

This Transfer Civil Miscellaneous Petition is at the instance of the wife seeking for withdrawal of S.M.O.P.No.108 of 2023 from the file of the District and Sessions Court No.II, Kancheepuram to the file of the Family Court, Thiruvallur.

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2. Notice was ordered in the application on 27.02.2024 and Ms.L.Karthiga, learned Counsel has entered appearance for the respondent/husband.

3. Ms.L.Karthiga represents that the respondent/husband has no objection for the proceedings to be withdrawn from Kancheepuram to Thiruvallur.

4. Apart from this no objection, I noticed that the petitioner gave birth to two children in the years 2019 and 2021. Therefore, it will be difficult for her to leave behind the toddlers and travel to Kancheepuram for the purpose of attending to the case. Accordingly, the proceeding in S.M.O.P.No.108 of 2023, pending on the file of the District and Sessions Judge-II, Kancheepuram, is withdrawn and transferred to the file of the learned Family Judge, Thiruvallur.

5. Considering the request made by the learned Counsel for the respondent/husband, who tendered no objection for transfer, he need not to appear for every hearing before the Family Court, Thiruvallur. He shall be 2/4

represented by a Counsel on all hearing dates. On hearing dates in which his presence is essential, he shall present himself.

6. With the above directions regarding appearance of the respondent/husband, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 18.10.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The District and Sessions Court-II, Kancheepuram.

2. The Family Court, Thiruvallur.

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V.LAKSHMINARAYANAN, J.

grs and C.M.P.Nos.3884 and 14987 of 2024 18.10.2024 4/4