Praveena v. G. 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.235 of 2023 & C.M.P.No.5191 of 2023 Praveena ... Petitioner -VersusG.Selvakumar ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the petition in HMOP.No.9 of 2023 from the file of the Family Court, Mannarkudi and transfer it to the file of the Mahila Court at Nagapattinam to be tried along with DVAC.No.19 of 2022 for disposal in accordance with law.

For Petitioner : Mr.V.Mythili For Respondent : No appearance

ORDER

The petitioner and the respondent got married on 17.05.2021 at Vadakaravayal Village, Needamangalam Taluk, Thiruvarur District. They set up their family at Vadakaravayal itself. As the disputes arose between the

parties, they are before the Family Court at Mannarkudi.

2. The wife states that she has come back to her mother's house and is staying at Nagapattinam. She pleads her inability to travel from Nagapattinam to Mannargudi for every hearing, and she also states that she has nobody in Mannarkudi to represent her case.

3. Taking into consideration the difficulties expressed by the wife, I am inclined to transfer HMOP.No.9 of 2023 from the file of the learned Family Court at Mannargudi to the file of the Subordinate Court at Nagapattinam for disposal and in accordance with law.

4. Accordingly, HMOP.No.9 of 2023 is withdrawn from the file of the Family Court at Mannargudi and transferred to the file of the Sub Court at Nagapattinam. It is made clear that the learned Subordinate 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. In the light of the above, 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 Family Court, Mannarkudi 2.The Sub Court, Nagapattinam

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.235 of 2023 & C.M.P.No.5191 of 2023 17.04.2024