Nithya Vinayakum v. J.Narendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Tr.C.M.P.No.326 of 2024 and C.M.P.No.6693 of 2024 Nithya Vinayakum ... Petitioner Vs.

J.Narendran ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the OP No.663/2023 on the file of Sub Court, Alandur to the file of the Family Court, Puducherry. For Petitioner :

Mr.K.S.Karthik Raja For Respondent :

Mr.Guru Dhananjay

ORDER

The petitioner filed this transfer petition seeking transfer of OP.No.663 of 2023 filed by her estranged husband/respondent from the file of the Sub Court, Alandur to the file of the Family Court, Puducherry. Page No.1 of 4

2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was solemnized on 21.02.2022 at Mairie d' Oulgaret (Oulgaret Town Hall), Puducherry. Since, the relationship between the couples went bitter, the respondent/Husband filed O.P.No.663 of 2023 pending on the file of the Sub Court, Alandur against the petitioner seeking divorce. Now, the petitioner herein who is the wife has preferred the present petition to withdraw O.P.No.663 of 2023 on the file of the Sub Court, Alandur and transfer the same to the file of the Family Court, Puducherry.

3.The petitioner has stated that she is staying with her aged parents and it is very difficult for her to travel from Puducherry to Chennai for attending the Court proceedings at Alandur.

4.The learned counsel for the respondent submitted that the respondent has got no objection for transfer of O.P.No.663 of 2023 to the file of the Family Court at Puducherry.

5.Considering the submissions and on perusal of the materials, it is seen that the petitioner is residing in Puducherry and taking care of her aged Page No.2 of 4

parents, at this stage, she could not travel all the way from Puducherry to Chennai to attend Court proceedings which is around 149 kms, one way. 6.In view of the above, this Court withdraws O.P.No.663 of 2023 from the file of the Subordinate Court, Alandur and transfers the same to the file of the Family Court at Puducherry. Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected civil miscellaneous petition is closed. No costs.

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29.07.2024 Speaking Order/Non Speaking Order Index : Yes/No Internet : Yes/No Jer To 1.The Subordinate Judge Sub Court, Alandur.

2.The Judge Family Court, Puducherry.

M.NIRMAL KUMAR, J.

Jer Page No.3 of 4

Tr.C.M.P.No.326 of 2024 and C.M.P.No.6693 of 2024 29.07.2024 Page No.4 of 4