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Madras High CourtTR CMP/338/2024allowed

M.Antony Shobana Rani v. P.Alwin

2024-04-22Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.338 of 2024 & C.M.P.No.7030 of 2024 M.Antony Shobana Rani ... Petitioner -VersusP.Alwin ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw and transfer IDOP.No.247 of 2022 on the file of the First Judge Family Court at Chengalpattu to Family Court, Thiruvallur. For Petitioner : Mrs.R.Sripriya For Respondent : Mr.P.Sam Jara Singh

ORDER

The petitioner and the respondent were married on 14.07.2016. Thereafter, the marriage has hit the rocks, and the parties are before the Family Court at Chengalpet in IDOP.No.247 of 2022.

2. The petitioner/wife is a resident of Puzhal. Pleading her inability to travel from Puzhal to Chengalpet, the petitioner/wife has moved this transfer petition. She wants the proceeding to be transferred to the Family Court at Tiruvallur.

3. Mr.P.Sam Japa Singh entered appearance for the respondent/husband and has filed a counter. After arguments in the matter, he would state that his client has no objection if the proceedings are transferred to the file of the Family Court at Chennai.

4. Mrs.R.Sripriya has no objection for this course of action.

5. Taking into consideration the convenience of the wife and in the light of no objection given by Mr.Sam Japa Singh, IDOP.No.247 of 2022 is withdrawn from the file of the Family Court at Chengalpet and is transferred to the file of the Family Court at Chennai. The presence of the husband need not be insisted upon by the court for every hearing. It is sufficient if he is present at every essential hearing. On all other non-essential or procedural hearings, he will be represented through a counsel.

6. With the aforesaid directions, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

22.04.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order To 1.The Family Court at Chengalpattu 2.The Family Court, Chennai

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.338 of 2024 & C.M.P.No.7030 of 2024 22.04.2024