M.Ganapathy v. R.Bharathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.155 of 2023 and C.M.P.No.3522 of 2023 M.Ganapathy ...

Petitioner Vs R.Bharathi ...

Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw and transfer O.P.No.61 of 2022 on the file of the Subordinate Court, Gingee, Villupuram District to Family Court, Cuddalore. For Petitioner : Mr.A.M.Natraj For Respondent : Mr.R.Veeramani

O R D E R

The petitioner seeks for a transfer of O.P.No.61 of 2022 pending on the file of the Subordinate Judge at Gingee to the file of the Family Court at Cuddalore.

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2. O.P.No.61 of 2022 was filed by the petitioner herein at Gingee. He seeks for restitution of conjugal rights as against the respondent. For the purpose of vocation, he shifted his job from Gingee to Cuddalore and hence wants the proceedings to be transferred to Cuddalore.

3. The law of the land does not permit a person to carry the proceedings along with him wherever he goes. Having invoked the jurisdiction of Subordinate Court at Gingee, for the mere fact that he has got a job elsewhere does not mean the proceedings also should be transferred to the area where he is currently residing. I am not convinced with the reasons given in the affidavit. Hence, the Tr.C.M.P. is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. 05.04.2024 Index : Yes/No Sgl 2/2

To 1.The Subordinate Court, Gingee, Villupuram District 2.The Family Court, Cuddalore 3/3

V. LAKSHMINARAYANAN, J.

Sgl Tr.C.M.P.No.155 of 2023 05.04.2024 4/4