Madras High CourtTR CMP/279/2019allowed

K.Suganya v. J.Rajasekaharan

2019-06-12Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr.C.M.P.No.279 of 2019 K.Suganya ..Petitioner -VsJ.Rajasekharan ..Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw F.C.O.P.No.400 of 2018 from the file of the Famiily Court, Erode and transfer the same to the file of the Family Court, Coimbatore to be heard along with M.C.No.24 of 2019.

For Petitioner ::Mr.V.Bhiman for Mr.R.Narayanan For Respondent ::No appearance

ORDER

Learned counsel for the petitioner stated that the respondent/husband has filed F.C.O.P.No.400 of 2018 under Section 9 of the Hindu Marriage Act, 1955 before the Family Court, Erode seeking restitution of conjugal rights, whereas the petitioner/wife has filed M.C.No.24 of 2019 before the Family Court, Coimbatore seeking for maintenance. With the two children (son and daughter) aged about 6 and 2 1⁄2 years respectively, the petitioner is not able to undertake a long journey. In this background, the learned counsel sought for a direction to refer the matter to the Mediation Centre attached with the District Court, Coimbatore, as there is an element of settlement.

2. In spite of the notice served upon the respondent, he has not chosen to appear before the Court in person or through a counsel. This Court, considering the fact that the petitioner/wife may not be able to undertake a long journey along with the two minor children aged about 6 and 2 1⁄2 years respectively on each and every hearing at Erode, the F.C.O.P.No.400 of 2018 filed by the respondent/husband before the Family Court, Erode is withdrawn and transferred to the file of the Family Court, Coimbatore to be heard along with the https://hcservices.ecourts.gov.in/hcservices/

M.C.No.24 of 2019 filed by the petitioner/wife, on merits. However, the parties are directed to appear before the Mediation Centre attached with the District Court, Coimbatore on 15.07.2019 to explore the possibility of settlement in the matter. With this observation, the Tr.C.M.P.No.279 of 2019 is allowed. Consequently, C.M.P.No.8098 of 2019 is closed. No costs. sd/- Assistant Registrar(insp.cell) // True Copy// Sub Assistant Registrar ss To

1. The Judge, The Family Court Judge Erode

2. The Judge, The Family Court Judge Coimbatore.

+1cc to Mr.R.Narayanan, Advocate, sr.no.47415 Tr.C.M.P.No.279 of 2019 EV(CO) RMP(09/07/2019) https://hcservices.ecourts.gov.in/hcservices/