C. Jahnavi v. M.P. Rajkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :18.06.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.307 of 2025 and C.M.P.No.6478 of 2025 Dr.C.Jahnavi .... Petitioner vs Dr.M.P.Rajkumar ... Respondent Tr.Civil Revision Petition filed under Section 24 of Civil Procedure Code seeking to withdraw HMOP No.787 of 2024 pending on the file of Family Court, Salem and transfer the same to the file of Family Court, Chennai.

For Petitioner : Mr.T.K.S.Gandhi For Respondents : Mr.M.Sivakumar

ORDER

The petitioner/wife has filed the present petition seeking transfer of HMOP No.787 of 2024 from the file of Family Court, Salem to the file of Family Court, Chennai.

2. Heard the learned counsel for the parties. 1/4

3. The petitioner is the respondent in HMOP No.787 of 2024 which is filed by the respondent herein/husband before the Family Court, Salem. The petitioner/wife has expressed her inconvenience to attend the hearings at Family Court, Salem since she resides at Chromepet, Chennai. Therefore, the petitioner seeks transfer of HMOP No.787 of 2024 to Family Court, Chennai.

4. Learned counsel for the petitioner submits that the distance between Chennai to Salem comes to around 400 kms and the petitioner finds it very difficult to travel up and down 800 kms for every hearing.

5. Learned counsel for the respondent/husband states that the respondent/husband is employed at Jodhpur and it would be inconvenient for him to travel to Family Court, Chennai, where, the physical presence of the respondent would be necessary on all hearings. Learned counsel further submits that the averments and allegations that have been made in the affidavit filed in support of the petition seeking for transfer are not true and the respondent totally denies the same.

6. I have gone through the affidavit filed in support of the petition. The 2/4

petitioner has assigned genuine and acceptable reasons for being unable to attend the hearings at Salem.

7. In view of the above, this Court is of the opinion that the petitioner has made out a case for transfer of the case, as prayed for.

8. Accordingly, the Tr. C.M.P. No.307 of 2025 is allowed and HMOP No.787 of 2024 pending on the file of Family Court, Salem is withdrawn and transferred to the file of the Family Court, Chennai or any Additional Court considering the pendency of the cases before Family Court, Chennai, at the discretion of the learned Principal Judge.

8. The Family Court, Salem is directed to send the entire records relating to HMOP No.787 of 2024 to Family Court, Chennai.

9. It is made clear that the Court which is taking the proceedings in HMOP No.787 of 2024, shall not insist on the physical presence of the P.B.BALAJI.,J.

sr 3/4

respondent/husband, who has to attend the hearings from Jodhpur, except for the hearings that are absolutely necessary. No costs. Consequently, connected miscellaneous petition is closed. 18.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To

1. The Family Court, Salem

2. The Family Court, Chennai 4/4