Kannagi v. M.Shankar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.6080 of 2023 Kannagi ... Petitioner Vs.

M.Shankar ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908, praying to withdraw H.M.O.P.No.406 of 2022 on the file of the Subordinate Court at Kancheepuram and transfer the same to the file of the Family Court at Poonamallee. For Petitioner : Mr.Adinarayana Rao For Respondent : No appearance

ORDER

The petitioner and the respondent were married on 31.10.2004 at Porur, Chennai. From the wedlock, two children (one boy and one girl) were born on 28.04.2007 and 01.08.2009, respectively. The petitioner and Page No 1 of 4

the children are residing at Kolapakkam, Chennai. Thereafter, the disputes have arisen between the petitioner and the respondent. The respondent, who is a resident of Saidapet, has initiated the matrimonial proceedings in H.M.O.P.No.406 of 2022 before the Subordinate Court at Kancheepuram.

2. The respondent, though served with notice, has not entered appearance before this Court.

3. The petitioner claims that she is unable to travel from Kolapakkam, where she is currently residing, to Kancheepuram as she has to take care of her children.

4. Taking into consideration the difficulties expressed by the petitioner and the fact that she has children to attend to, I am inclined to consider this transfer petition. Hence, the proceeding in H.M.O.P.No.406 of 2022 which is now pending on the file of the Subordinate Court at Kancheepuram is withdrawn and it shall stand transferred to the file of the Family Court at Poonamallee. It is made clear that the respondent need not appear for every hearing. But he shall appear for the essential Page No 2 of 4

hearings. On all other hearings, he may be represented through a counsel.

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

16.04.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb To 1.The Subordinate Court, Kancheepuram.

2.The Family Court, Poonamallee.

V. LAKSHMINARAYANAN, J.

arb Page No 3 of 4

and C.M.P.No.6080 of 2023 16.04.2024 Page No 4 of 4