Madras High CourtTR CMP/180/2023allowed

U.Priya v. N.Daniel

2024-04-04Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.CMP.No.180 of 2023 and CMP.No.4013 of 2023 U. Priya D/o. Late Umapathi ... Petitioner vs N. Daniel S/o. R. Narasimmalu .. Respondent PRAYER:- The Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P. No.178 of 2022 pending on the file of the learned Subordinate Judge, Katpadi and transfer the same to the file of Family Court, Chennai. For Petitioner : Mr. P. Gunaraj For Respondent : No appearance.

ORDER

The petition has been filed to withdraw H.M.O.P. No.178 of 2022 from the file of the learned Subordinate Judge, Katpadi and transfer the same to the file of Family Court, Chennai.

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2. Heard Mr.P. Gunaraj, learned counsel appearing for the petitioner.

3. The petitioner is the wife and the respondent is the husband. From their wedlock, a son was born on 25.07.2020. Subsequently, the petitioner became pregnant thrice. On all three occasions, she underwent abortion. This is due to some external interference. Hence, the marriage between the petitioner and the respondent has hit the rock.

4. The respondent has filed H.M.O.P. No.178 of 2022 on the file of learned Subordinate Judge, Katpadi. The petitioner is residing with her mother, who is working with BSNL and she is a permanent resident of Chennai. She is unable to travel from Chennai to Katpadi for each hearing and hence she seeks for transfer.

5. Considering the overall circumstances, the Transfer Civil Miscellaneous Petition is allowed. The proceedings in H.M.O.P. No.178 of 2022 are withdrawn from the file of learned Subordinate Judge, Katpadi and shall be tried and disposed of by the learned Family Judge, Chennai. No costs. The connected miscellaneous petition is closed. 04.04.2024 2/4

Index:Yes/No Speaking order/Non-speaking order mjs V. LAKSHMINARAYANAN,J.

Mjs To

1. The Subordinate Court, Katpadi.

2. The Family Court, Chennai.

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