M.Prema v. B.Sathish Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.6220 of 2023 M.Prema ... Petitioner Vs.

B.Sathish Kumar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw and transfer the O.P.No.5900 of 2022 pending on the file of the VI Family Court, Chennai and tried in Family Court, Madurai.

For Petitioner : Mr. G.Saravanakumar For Respondent : Mr.P.Vasanth

O R D E R

The petitioner/wife seeks transfer of O.P.No.5900 of 2022 pending on 1/4

the file of the VI Family Court, Chennai to the Family Court, Madurai. The petitioner /wife seeks transfer of the proceedings before the Family Court, Madurai on the ground that she is living at Alanganallur, Madurai in her parental home with two female children and she is not able to attend the court hearings by travelling from Madurai to Chennai.

2. The learned counsel for the petitioner submitted that, the marriage between the respondent and the petitioner was solemnized on 06.02.2017 at K.V.T.Kamalakannan Thirumana Maligai, Tondiyarpet, Chennai, as per Hindu rites and customs. Due to misunderstanding the respondent had filed a divorce petition in OP.No.5900 of 2022 before the VI Family Court, Chennai to dissolve the marriage. Now the petitioner is residing in her parental home with her two female children, without any source of income. Hence, she prays to transfer the OP.No.5900 of 2022 to the file of the Family Court, Madurai.

3. Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the 2/4

O.P.No.5900 of 2022 to the file of the Family Court, Madurai.

4. In view of the above, O.P.No.5900 of 2022 is withdrawn from the file of the VI Family Court, Chennai and transferred to the file of Famil Court, Madurai. The learned Judge, Family Court No.VI, Chennai, is directed to send entire records to the learned Judge, Family Court, Madurai, 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 learned Judge, Family Court, Madurai, is directed to issue notice to the respondent and dispose of the case as early as possible from the date of receipt of a copy of this order. 30.11.2023 Index : Yes / No Speaking/Non-speaking order vkr 3/4

T.V.THAMILSELVI, J.

vkr To

1. The Family Court No.VI, Chennai.

2.The Family Court, Madurai.

and CMP.No.6220 of 2023 30.11.2023 4/4