Madras High CourtTR CMP/283/2024allowed

J.Dhivya v. M.Mohan

2024-10-04Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Transfer Civil Miscellaneous Petition No.283 of 2024 and C.M.P.No.5859 of 2024 J.Dhivya ..... Petitioner -VersusM.Mohan ..... Respondent Petition filed under Section 24 of the Code of Civil Procedure,1908, to withdraw H.M.O.P. No.173 of 2023 pending on the file of the Family Court, Tiruvallur and transfer the same to the file of the Family Court, Kanchipuram. For Petitioner : Mr.E.C.Murali For Respondent : Mr.Rahul Jaganathan

ORDER

This Transfer Miscellaneous Petition is filed seeking to withdraw H.M.O.P. No.173 of 2023 pending on the file of the Family Court, Tiruvallur

and to transfer the same to the file of the Family Court, Kanchipuram.

2. The petitioner is the wife and the respondent is the husband. The petitioner married the respondent on 25.08.2023. From the wedlock, a female child was born on 06.06.2016. Thereafter, due to disputes and differences, the parties have separated. The husband has initiated proceedings in H.M.O.P.No.173 of 2023 on the file of the Family Court at Tiruvallur for divorce on the ground of cruelty and desertion.

3. The wife, pleading that she is residing at Sriperumbudur in Kanchipuram District and the distance from Tiruvallur to Kancheepuram is 60 kms and she is having difficulties to travel as the child is studying in Maharishi Vidya Mandir at Sunguvarchathiram in Sriperumbudur, has moved this transfer petition.

4. Notice was ordered on 14.03.2024 and Mr.Rahul Jaganathan entered appearance for the respondent/husband.

5. Mr.Rahul Jaganathan stated that the respondent/husband has no objection for the transfer of the case in H.M.O.P.No.173 of 2023 from the file of the Family Court at Tiruvallur to the file of the Subordinate Judge at Kancheepuram.

6. Taking into consideration the convenience of the petitioner/wife, the

proceedings pending in H.M.O.P.No.173 of 2023 on the file of the Family Court at Tiruvallur is withdrawn and the same is transferred to the file of the Subordinate Judge at Kancheepuram. This Transfer Miscellaneous Petition is allowed accordingly. No costs. Consequently, connected CMP is closed. Index : yes / no : yes / no kmk To 1.The Family Court, Tiruvallur, Tiruvallur District. 2.The Subordinate Judge, Kanchipuram, Kanchipuram District.

V.LAKSHMINARAYANAN.J., kmk