Jiyana v. Selvakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.230 of 2023 & C.M.P.No.5085 of 2023 Jiyana ... Petitioner -VersusSelvakumar ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the petition in HMOP.No.183 of 2022 from the learned Subordinate Judge, Attur, Salem District and to transfer the same to the Family Court Judge at Chennai.

For Petitioner : Mr.G.Pugazhenthi For Respondent : Mr.M.Madhankumar

ORDER

The wife is the transfer petitioner.

2. HMOP.No.183 of 2022 had been presented by the husband as against his wife on the file of the learned Subordinate Judge at Attur. The petitioner is

a permanent resident of Kilpauk, which is situated within the jurisdiction of the Family Court at Chennai. The petitioner, expressing her difficulty in travelling from Kilpauk to Attur, which are about 200 km apart, has moved this transfer petition.

3. Taking into consideration the difficulties expressed by the wife, I am inclined to transfer HMOP.No.183 of 2022 from the file of the learned Subordinate Judge at Attur to the file of the Family Court at Chennai. As the respondent is employed in Attur, the Family Court at Chennai need not insist upon the respondent to appear for every hearing except the essential hearing. For non-essential or procedural hearings, he may be represented through a counsel.

4. Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 17.04.2024 nl Index : yes / no : yes / no

Speaking / Non Speaking Order To 1.The Subordinate Judge, Attur, Salem District 2.The Family Court at Chennai

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.230 of 2023 & C.M.P.No.5085 of 2023 17.04.2024