Sivaranjani v. Manikandan @ Sivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Tr.C.M.P.No. 269 of 2023 and C.M.P.No. 5929 of 2023 Sivaranjani ... Petitioner Vs.

1.Manikandan @ Sivakumar 2.The Commissioner, Karaikal Municipality, Office of the Karaikal Municipality, Karaikal Town and District.

... Respondents PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw and transfer the H.M.O.P.No.14 of 2023 pending on the file of the Family Court, Puducherry to the file of Family Court, Chennai.

For Petitioner : Mr. R. Vijayaraghaven For Respondents : Mr. T. Saikrishnan, for R1 1/4

O R D E R

The petitioner / wife seeks transfer of H.M.O.P.No. 14 of 2023 pending on the file of Family Court, Puducherry to the Family Court, Chennai. The petitioner / wife seeks transfer of the proceedings before the Family Court, Chennai on the ground that she is living at Chennai with one female child and she is not able to attend the Court hearings by travelling 270 kms.

2. The learned counsel for the petitioner submits that the marriage between the respondent and the petitioner was solemnized on 02.02.2014 at Karaikal, as per Hindu Rites and Customs. Out of the wedlock, one female child born to them. Further submitted that it is difficult to travel nearly 270 kms to attend the Court proceedings at Karaikal. Hence, she prays to transfer the H.M.O.P.No. 14 of 2023, to the Family Court, Chennai.

3. Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the H.M.O.P.No. 14 of 2023 to the Family Court, Chennai. 2/4

4. In view of the above, H.M.O.P.No.14 of 2023 is withdrawn from the file of the Family Court, Puducherry and transferred to the file of the Family Court, Chennai to be disposed of in accordance with law and the Family Court, Puducherry, is directed to send entire records to the Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order.

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

6. However, the Family Court, Chennai is directed to issue notice to the respondent and then proceed with the matter as early as possible, preferably within a period of six months from the date of this order. 27.11.2023 Index : Yes / No AT 3/4

T.V.THAMILSELVI, J.

AT To

1. The Family Court, Puducherry.

2. The Family Court, Chennai.

Tr.C.M.P.No. 269 of 2023 and C.M.P.No. 5929 of 2023 27.11.2023 4/4