Adhipriya v. K.Arul

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.237 of 2023 & C.M.P.No.5206 of 2023 Adhipriya ... Petitioner -VersusK.Arul ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the petition in HMOP.No.8 of 2022 from the file of the learned Sub Court, Tindivanam and transfer the same to the file of the III Additional Family Court, Chennai to be tried along with M.C.No.527 of 2022.

For Petitioner : Ms.R.Gobika For Respondent : Mr.A.Udhayachandran

ORDER

The petitioner and the respondent got married on 26.06.2015. They were living at Pallikaranai, Chennai. Subsequently, the marriage hit the rocks, and therefore, they are before the court. The husband has filed HMOP.No.8 of 2022

on the file of the Sub Court at Tindivanam.

2. The wife pleads that she is unable to travel from Chennai to Tindivanam, leaving behind her four year old child who was born from the wedlock, for every hearing. Hence, this transfer petition.

3. The request of the wife seems reasonable. She is a resident of Chennai. Therefore, the court in Chennai would be convenient for her to contest the proceedings.

4. Accordingly, HMOP.No.8 of 2022 is withdrawn from the file of the Sub Court at Tindivanam and transferred to the file of the III Additional Family Court at Chennai. It is made clear that the Judge need not insist upon the husband to appear for every hearing except the essential hearing. For all other non-essential or procedural hearings, he may be represented through a counsel.

5. 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 Sub Court, Tindivanam 2.The III Additional Family Court, Chennai.

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.237 of 2023 & C.M.P.No.5206 of 2023 17.04.2024