M. Sankara Gomathy v. S.D. Sam Solomom Prabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.328 of 2024 and C.M.P.No.6781 of 2024 M.Sankara Gomathy ... Petitioner Vs S.D.Sam Solomom Prabu ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw IDOP.No.92 of 2020 pending before the Additional District Judge, Tiruvannamalai and to transfer the same from the file of the Family Court at Chennai.

For Petitioner : Mr.S.Namasivayam For Respondent : Mr.P.Kannan

O R D E R

The wife is the petitioner. She seeks transfer of I.D.O.P.No.92 of 2020 pending on the file of the Additional District Judge at Tiruvannamalai to the file of the Family Court at Chennai.

2. The husband has initiated divorce proceedings before the Additional District Court at Tiruvannamalai.

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3. The wife is said to be a permanent resident of Chennai. The petitioner has an autistic child to take care of and it will be very difficult for her to travel from Chennai to Tiruvannamalai.

4. Learned counsel for the respondent has no objection for the transfer of the proceeding from Tiruvannamlai to Chennai.

5. Taking into consideration the convenience of the wife as well as the fact that the husband has no objection for the transfer, the proceedings in I.D.O.P.No.92 of 2020 are withdrawn from the file of the Additional District Court at Tiruvannamalai and transferred to the file of the Family Court at Chennai. The learned Family Judge at Chennai need not insist upon the presence of the husband for all hearings. For procedural and non-essential hearings, the husband may be represented by a counsel. For all other hearings where his presence is indispensable, he shall appear in person.

6. With the above observations, the Tr.C.M.P. is allowed. No costs. Consequently, connected miscellaneous petition is closed. 15.04.2024 Index : Yes/No Sgl 2/4

To 1.The Additional District Court, Tiruvannamalai.

2.The Family Court, Chennai.

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V. LAKSHMINARAYANAN, J.

Sgl 15.04.2024 4/4