Madras High CourtTR CMP/246/2023disposed of

Deiva v. Vinoth Kumar

2023-03-31Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2023 CORAM :

THE HONOURABLE Mrs.JUSTICE T.V.THAMILSELVI TR.CMP No.246 of 2023 and C.M.P.No.5354 of 2023 Deiva .... Petitioner -VsVinoth Kumar .... Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw HMOP.No.222 of 2021 on the file of the Hon'ble Family Court, Cuddalore and transfer the same to the Family Court, Puducherry or any other competent Court nearby.

For Petitioner : Mr.K.Sitharthan For Respondent : Mr.S.M.Shriram Narayanan for M/s.P.V.Law Associates ***** 1 / 4

O R D E R

The petitioner/wife seeks transfer of HMOP.No.222 of 2021 on the file of the Family Court, Cuddalore to the file of the Family Court, Puducherry where she is residing.

2. The respondent/husband filed a petition seeking for divorce before the Family Court, Cuddalore. Since the petitioner is suffered with some ailments and now she is living under the care of her parents, she could not travel from Puducherry to Cuddalore. Hence, the petitioner seeks transfer of HMOP.No.222 of 2021.

3. The learned counsel for the respondent submits that the distance between Puducherry and Cuddalore is only 20 kms and hence, he opposed to allow this petition.

4. Considering the fact that the petitioner is suffered with some ailments and now she is living under the care of her parents, this Court is inclined to transfer HMOP.No.222 of 2021. Accordingly, HMOP.No.222 of 2 / 4

2021 is withdrawn from the file of the Family Court, Cuddalore and transferred to the file of Family Court, Puducherry and the learned Trial Judge, Cuddalore is directed to send entire records to the learned Family Court Judge, Puducherry within a period of two(2) weeks from the date of receipt of a copy of this order. Further, both the parties are directed to appear before the Mediation Centre, Pudhcherry not less than three sittings.

5. Accordingly, this Tr.C.M.P.No.246 of 2023 is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

31.03.2023 Index : Yes/No Speaking Order: Yes/No kmi To 1.The Family Court, Cuddalore.

2.The Family Court, Puducherry.

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T.V.THAMILSELVI, J.

kmi TR.CMP No.246 of 2023 31.03.2023 4 / 4