Madras High CourtTR CMP/188/2023allowed

Rajathi @ Esther v. S. Saravanan @ Samuel

2023-12-12Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.4334 of 2023 ---- Rajathi @ Esther ... Petitioner Vs.

S. Saravanan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to transfer the case proceedings in I.D.O.P.No. 391 of 2022, on the file of the Family Court, Trichy and transfer the same to the Family Court, Erode District.

For Petitioner : Mr. T.Elumalai

O R D E R

The petitioner/wife seeks transfer of I.D.O.P.No.391 of 2022 pending on the file of the Family Court, Tirchy to the Family Court, Erode. The petitioner /wife seeks transfer of the proceedings before the Family Court, 1/4

Erode on the ground that she is living at Erode with her 2 year child in her parental home and she is not able to attend the Court hearings by travelling Erode to Trichy.

2. The learned counsel for the petitioner submitted that, the marriage between the respondent and the petitioner was solemnized on 04.01.2019 at Sri Lakshmi Mandapam, Anthiyur, Erode District as per Christian religious rites and customs. Due to misunderstanding the respondent had filed a I.D.O.P.No.391 of 2022, pending on the file of the Family Court, Trichy. Now the petitioner is residing at Erode with her 2 year child in her parental home without any source of income. Hence, she prays to transfer the IDOP.No.391 of 2022 to the Family Court, Erode.

3. Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the IDOP.No.391 of 2022 to the Family Court, Erode. 2/4

4. In view of the above, IDOP.No.391 of 2022 is withdrawn from the file of the Family Court, Trichy and transferred to the file of the Family Court, Erode. The learned Family Judge, Trichy is directed to send entire records to the learned Family Judge, Erode, within a period of two weeks from the date of receipt of a copy of this order.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

6. However, the learned Family Judge, Erode is directed to issue notice to the respondent and dispose of the case as early as possible in the manner known to law.

12.12.2023 Index : Yes / No Speaking/Non-speaking order rri 3/4

T.V.THAMILSELVI, J.

rri To 1.The Family Judge, Trichy.

2.The Family Judge, Erode.

and CMP.No.4334 of 2023 12.12.2023 4/4